6 Miss. Code. R. 5-5.8

Current through September 24, 2024

Rule 6-5-5.8 - Costs of providing public records

(a)Costs for paper copies. Section 25-61-7(1), Miss. Code of 1972, reads as follows: "Except as provided in subsection (2) of this section, each public body may establish and collect fees reasonably calculated to reimburse it for, and in no case to exceed, the actual cost of searching, reviewing and/or duplicating and, if applicable, mailing copies of public records."

A requester may obtain standard 8 1/2" x 11" black and white photocopies for $.25 cents per page and color copies for $.50 cents per page. Copy charges for some specific types of records are set by statute and may exceed the amount stated above. Examples of specific MDA copy charges include, but are not limited to, the following:

1. 8 1/2" x 11" $.25 per page

2. 8 1/2" x 14" $.35 per page

3. 11" x 17" $.75 per page

4. $15 per hour for basic copies or clerical assistance

5. $15-$75 per hour to evaluate, research, redact, reproduce based on the pay scale of the lowest level employee competent to respond to the request

6. $40 per hour for technical or professional assistance

7. $50 per hour for automated records search

8. Actual costs for legal review, postage, UPS, Federal Express, temporary agency personnel, and reproduction at an outside print facility

The MDA charges $.25 per page for a standard black and white photocopy of a record selected by a requester. A statement of the factors and the manner used to determine this charge is available from the public records officer.

Before beginning to make the copies, the requester must pre-pay all reasonably estimated costs of copying all the records selected by the requester. The public records officer will also require the payment of the remainder of the copying costs before providing all the records in an installment before providing that installment. The MDA will not charge sales tax when it makes copies of public records.

The MDA will notify the requester of the costs to obtain the information prior to processing the request. The requester will be required to reimburse the MDA for reasonable costs sufficient to cover the actual expenses incurred by the MDA to furnish the requested information. Payment must be made in advance of the receipt of documents. If the actual cost is higher than the estimate, the requester will be required to pay the difference before receiving the information. If the actual cost is lower than the estimate, the MDA will refund the difference.

Please note that the following types of public records requests usually require additional research and staff time and can have significant costs associated with filling the request:

(1) Requests for very large volumes of material

(2) Requests that are too broad

(3) Requests that are unspecific in scope

(4) Requests for information that have already been archived and

(5) Requests for documents that are unusual in size.

(b)Costs for electronic records. The cost of electronic copies of records shall be determined on a case-by-case basis for information on a USB Flash Drive or File-Sharing Services.

Such costs include, but are not limited to, time of the lowest paid but qualified staff member to evaluate and research the request, to retrieve any relevant files, to organize the information, to notify any third parties, to develop a cost estimate and schedule, to reproduce any requested material, to observe the inspection of records and to deliver the information requested. If necessary, the MDA may engage third parties to perform these tasks. The requester is required to pay the actual costs of these engagements in advance.

(c)Costs of mailing. The MDA may also charge actual costs of mailing, including the cost of the shipping container.

(d)Payment. Payment may be made by certified check, money order or corporate check made payable to the MDA for the amount specified. No cash or credit/debit cards can be accepted.

(e)Charges for searching, reviewing and redacting. The actual cost of searching for and reviewing and, if necessary, redacting exempt information from public records shall be based upon the hourly rate of compensation for the lowest paid agency employee qualified to perform the task, which shall be multiplied by the actual time to complete the task.

MDA requires payment in advance for all costs before providing copies or access to records.

6 Miss. Code. R. 5-5.8

Miss Code Ann. § 25-61-7

Adopted 12/26/2023