W. Va. Code R. § 60-2-11

Current through Register Vol. XLI, No. 45, November 8, 2024
Section 60-2-11 - Fees
11.1. Fees will be charged to the requester for searching for and reproducing requested records, in accordance with the following:
11.1.a. A search fee of twenty dollars ($20.00) per hour will be charged, or a quarter-fraction thereof, for the Department's time spent in locating, duplicating and compiling the requested records.
11.1.b. Copying of the first 20 pages shall be free. For each page thereafter, a copying cost of twenty-five cents ($0.25) per page shall be charged to the requester.
11.1.c. The charge for copying materials that must be reproduced outside the Department's facilities shall be the actual cost to reproduce the record;
11.1.d. Mailing or delivery charges may be charged, at the actual cost, in connection with sending the requested information to a requester;
11.1.e. If the information requested exists as a computer record in the form of a printout, diskette, or tape, and the request is for the information to be produced in electronic form (such as an Excel spreadsheet), the fee will be the actual cost of the computer system time added to any applicable search, in-house programming, reproduction, or contract programming costs;
11.1.f. Diskette, tape or other storage media will be provided at a cost of ten dollars ($10.00) each);
11.1.g. An invoice for the total amount of fees will be sent to the requester. Payment shall be made by check or money order payable to the West Virginia Department of Environmental Protection;
11.1.h. Total or partial pre-payments may be required if the Department determines that the cost to reproduce the information will exceed twenty-five dollars ($25.00);
11.1.i. Total or partial pre-payments may be required if the Department determines that unpaid fees on one (1) or more requests by the same requester exceeds twenty-five dollars ($25.00); and
11.1.j. Any requester who claims that he or she cannot afford to pay the fees established by this rule may file an affidavit with the Department stating the reason the requester cannot afford to pay. If the Department agrees, the Department shall process the request in accordance with this rule and as if the fees have been paid.

W. Va. Code R. § 60-2-11