Md. Code Regs. 22.01.02.08

Current through Register Vol. 52, No. 1, January 10, 2025

Section 22.01.02.08 - Fees

A. Fee Schedule for Certifying and Copying a Public Record.

(1) If the public records are susceptible to photocopying, the charge for each copy of a document is:

(a) 25 cents per page for copies made on a photocopying machine within the Retirement Agency offices; or

(b) Based on actual costs of reproduction if the copies could not be made on a photocopying machine within the Retirement Agency offices.

(2) If the public records are not susceptible to photocopying, for example, diskettes, magnetic cartridges, magnetic tapes, drawings, maps, blueprints, microfilm, or photographs, the fee for copies will be based on the actual costs of reproduction.

(3) If the public record requested to be reproduced is more than 25 pages, the Agency custodian shall charge a $3.50 per hour photocopying processing fee in addition to the per page fee.

(4) If an applicant requests that a copy of a public record be certified as a true copy, the Agency custodian shall charge an additional fee of$l per record.

(5) If the Agency custodian is required to provide a computer printout, the charge for the printout shall include all related expenses associated with the time expended to produce the computer printout.

(6) Search, Review, and Preparation Fees.

(a) Except as provided in §B(6)(b) of this regulation, the Agency custodian may charge reasonable fees for the time that an official or employee of the Agency, or an employee of the Office of the Attorney General on behalf of the Agency, spends to search for public records and review and prepare them for inspection and copying, in addition to the cost for reproduction.

(b) The Agency custodian may not charge a fee for the first 2 hours that are needed to search for a public record and prepare it for inspection.

(c) The Agency custodian shall determine the search, review, and preparation fees by multiplying the employee's salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and copying.

B. Payment of Fees.

(1) The Agency custodian shall:

(a) Estimate the cost of reproduction, including any search fee; and

(b) Advise the applicant of the estimated costs.

(2) Before reproducing a public record, the Agency custodian shall:

(a) Obtain the written agreement of the applicant that the cost shall be paid; or

(b) Request prepayment of the estimated fee before reproducing the public record.

(3) Subject to §C of this regulation, the Agency custodian shall provide the requested and completed copies and printouts only on:

(a) Payment of all applicable fees by the applicant; and

(b) If an applicant requests transmittal of the copies by mail or delivery to the applicant, payment of or written agreement to pay the cost of postage or delivery.

C. The Executive Director may waive or reduce any fee charged under this regulation, on request, if the Executive Director determines that the:

(1) Item requested is promotional in nature, is routinely distributed to the public, or may be reproduced free of charge;

(2) Applicant is indigent and files an affidavit verifying facts that support a claim of indigency; or

(3) Waiver or reduction is in the public interest based upon relevant factors including the applicant's ability to pay the fee.

Md. Code Regs. 22.01.02.08

Regulation .08 adopted effective 46:3 Md. R. 106, eff. 2/11/2019