Section 0250-06-01-.05 - FEES AND COSTS FOR REPRODUCTION OF RECORDS(1) Routine paper copies shall be charged at a minimum of Fifteen Cents ($0.15) per one-sided page and Twenty Cents ($.20) for a two-sided copy.(2) Non-Routine paper copies shall be charged at a minimum of Fifty Cents ($0.50) per one-sided page and Sixty Cents ($.60) for a two-sided copy.(3) The Department shall not be required to reproduce copies on two (2) sides unless the equipment at the reproduction site is designed to automatically produce a two (2) sided copy on a single piece of paper.(4) Electronic copies shall be charged at a minimum of Five Dollars ($5.00) per floppy disk containing 1.44 megabytes and Ten Dollars ($10.00) per CD disk containing 650 megabytes, if these media are available.(5) Magnetic copies, if available, shall be charged at a minimum of One Hundred Dollars ($100.00) per magnetic tape containing 20 gigabytes.(6) The Department may charge for all costs for reproduction of the record for the person or entity that has made the records request, whether the record is determined to be "routine" or "non-routine". The costs of reproduction shall include the following: (a) Department staff time, paper and other products and rental fees, including, but not limited to, the costs of: 1. Staff time utilized in copying the record;2. Paper or other products such as copy toner or toner cartridges, inks, electronic or magnetic media including, but not limited to floppy disks or compact disks etc., or any per copy charges incurred by the Department on any rented equipment;(b) Development of Computer Programs and Applications, including, but not limited to: 1. Creation of a new or modified computer program or computer application that is necessary to put the records in a readable and reproducible format or in a specific reproducible format that is requested by the person or entity seeking copies of the record;2. In such case, the costs of staff, contractor, or consultant specialist time required for the production of the program or application and the costs of any new or modified software or hardware necessary for the production of the records may also be charged by the Department as costs of reproduction of the record;(c) The costs for delivering the records by mail or any other delivery services or any other mechanisms, electronic, magnetic or otherwise; and(d) Any other costs associated with actually reproducing the requested records.(7) Department Staff Time Charges.(a) Staff time of any Department staff shall be charged at the hourly rate for the staff person's position, including the cost of any overtime that is necessary to reproduce the record.(b) The hourly rate is that established by the Department of Personnel for the staff person's position, or the rate determined by dividing the staff person's gross monthly salary by one hundred sixty-two and one-half (162.5) hours, whichever is greater.(8) Contractor or Consultant Costs. The costs of a contractor or consultant's time shall be charged at the unit rates charged to the Department pursuant to the Department's existing contract or any contract made necessary due to the copy request.
(9) Specialist Costs. The costs of a specialist's time shall be charged at the costs invoiced to the Department for the services provided that are related to the reproduction of the record.
(10) Copying by Requesting Person or Entity. (a) The Commissioner, or the Commissioner's designee, may, in his or her discretion, permit the requesting person to supply the necessary equipment and supplies to make the requested copies where the records are housed or located for purposes of the records request, and all, or a portion, of the fees required by this Section may, in his or her discretion, be waived by the Department, but no record shall be permitted to be removed from the Department's offices for this purpose without written approval by the Commissioner or the Commissioner's designee.(b) The Department may provide any personnel to observe the copying process permitted by this paragraph to protect the integrity of the records, and the costs of staff time necessary for this purpose may be charged pursuant to this Section.Tenn. Comp. R. & Regs. 0250-06-01-.05
Original rule filed September 19, 2006; effective December 3, 2006.Authority: T.C.A. §§ 4-5-201 et seq.,37-5-112; 10-7-503 and 10-7-506; Tennessean v. Electric Power Board of Nashville, 979 S.W.2d 297 (Tenn. 1998); Wells v. Wharton, 2005 Tenn. App. Lexis 762; and Op.Tenn. Atty. Gen. 01-021 (Feb. 8, 2001).