Md. Code Regs. 26.01.04.13

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.01.04.13 - Fees

A. Department Fee Schedule.

(1) Copies.

(a) Except as provided below, the charge for each copy is 30 cents per page when reproduction can be made by photocopying machine within the Department. This charge shall increase to 32 cents July 1, 2001, 34 cents July 1, 2003, and 36 cents July 1, 2005.

(b) When records are not susceptible to photocopying (for example, punch cards, magnetic tapes, and microfilm), the charge for reproducing the record will be determined on a case-by-case basis at actual cost.

(c) For preprinted material, the charge will be the cost to the Department plus 10 percent.

(d) For preprinted material which is disseminated by the Department for the education or general welfare of the people of the State, there will be no charge or a charge equal to the normal charge for this material.

(e) For other preprinted material, the charge will be 2 cents per page or the established price.

(f) For oversized copies (for example, blueprints), the charge shall be $2 per page.

(g) For copies of computer files, the charge will be the actual cost of hardware or software necessary to make the copies, the employee's time, and the cost of the materials to convey the copies such as tapes, diskettes, or paper.

(2) Certification of Copies. When a person requests that copies of records be certified copies of the originals, a cost of 47 cents per page shall be charged.

(3) In the discretion of the custodian, a charge need not be made if the total amount of the fee is less than $2.

B. If the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act, the specific fee contained in that law shall determine the amount charged for that record.

C. If the custodian is unable to copy a record within the Department, he shall make arrangements for its prompt reproduction elsewhere. The custodian shall collect from the applicant a fee that will be determined on a case-by-case basis at actual cost. Instead of collecting a fee from the applicant, the custodian may allow the applicant to pay it directly to the public or private facility making the reproduction.

D. Before reproducing a record, the custodian shall estimate the cost of reproduction and obtain agreement of the applicant that the cost shall be paid. The custodian shall demand prepayment of an estimated fee before reproducing the record if the applicant has failed to pay previously assessed fees within 30 days from the date of billing or if the estimated cost of the fee is in excess of $250.

E. Fees for Time Expended.

(1) Except as provided in §F, of this regulation, the official custodian may charge reasonable fees for the official's or employee's time expended searching for requested records or for any time expended preparing records for inspection and copying.

(2) The fees are assessed in accordance with the following fee schedule:

Search and review time	Salary Grade	Hourly Rate
Clerical	grade 7 and lower	$10
Administrative	grades 8-12	$15
Professional	grades 12-18	$22
Management	grades 19-21	$31
Executive	grades 22 and above	$40

(3) Fees for computer search time consist of the employee's time in addition to the direct costs of operating the computer to conduct the search.

F. Except as provided in §I of this regulation, the official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.

G. If the applicant requests the custodian to waive or reduce any fee charged pursuant to this chapter, the custodian may waive or reduce the fee after the Department determines that the waiver or reduction is in the public interest.

H. If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.

I. Multiple Requests.

(1) For purposes of determining the appropriate fees, multiple requests may be aggregated if:

(a) The applicants are the same individuals or are employed, retained, or are otherwise related to a common applicant;

(b) The requests are for the same or related subject matter, involve the same property or entity, or seek the same information from different entities;

(c) The individual requests when aggregated would exceed 2 hours search and preparation time, and individually would require less than 2 hours search and preparation time; and

(d) The requests have been received within a reasonable period of time as determined by the custodian to be considered a single request.

(2) Multiple requests may be aggregated if the Department determines that processing multiple requests promotes administrative efficiency and represents the most efficient use of State resources.

Md. Code Regs. 26.01.04.13

Regulation .13 amended effective October 4, 1999 (26:20 Md. R. 1548)