N.Y. Comp. Codes R. & Regs. tit. 21 § 838.10

Current through Register Vol. 46, No. 51, December 18, 2024

Section 838.10 - Fees

(a) Unless waived in accordance with the provisions of section 838.11 of this Part, the following fees shall be imposed for production of any record pursuant to this Part:

(1) Administrative fees.

(i) Charges for administrative fees include staff time associated with:

(a) processing FOIA requests;

(b) locating and reviewing files;

(c) monitoring file reviews;

(d) generating computer records (electronic print-outs); and

(e) preparing logs of records deemed non-public.

(ii) Administrative charges will be calculated as follows: Administrative charges will be billed to the requester per quarter hour following the first quarter hour. These charges will be billed at the current, hourly paygrade rate (pro-rated for quarter hour increments) of the personnel performing the service. Administrative charges will be in addition to any copying charges.

(iii) Appointment rescheduling/cancellation. Requesters that do not reschedule or cancel appointments to view files at least one full business day in advance of the appointment may be subject to the administrative charges incurred by the commission in preparing the requested records. The commission will prepare an itemized invoice of these charges and mait it to the requester for payment.

(2) Photocopying fee. The following are charges for photocopies of public records made by commission personnel:

(i) Standard sized, black and white copies. The charge for copying standard sized, black and white public records shall be $0.15 per printed page (i.e., single-sided copies are $0.15 and double-sided copies are $0.30). This charge applies to copies on the following standard paper sizes:

(a) 8.5" x 11";

(b) 8.5" x 14"; and

(c) 11" x 17".

(ii) Color copies/printouts. The charge for color copies or color printouts shall be as follows:

(a) 8.5" x 11" - $1.00 per page;

(b) 8.5" x 14" - $1.50 per page

(c) 11" x 17" - $2.00 per page; and

(d) the charge for all color copies larger than 11" x 17" (including, but not limited to: photographic imagery, GIS print-outs, and maps) shall be calculated at the rate of $2.50 per squre foot.

(iii) Electronically generated records. Charges for copying records maintained in electronic format will be calculated by the material costs involved in generating the copies (including, but not limited to: magnetic tape, diskette, or compact disc costs) and administrative costs.

(iv) Other copying fees. The commission, at its discretion, may arrange to have records copied by an outside contractor if the commission does not have the resources or equipment to copy such records. In this instance, the requester will be liable for payment of these costs.

(3) Forwarding material to destination. Postage, insurance, and special fees will be charged on an actual cost basis.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 838.10