The fees

Compiled and written by Colman M. Herman.

The records custodian is allowed to charge you for time spent retrieving, redacting, photocopying and refiling records, as well as 20 cents a page for standard photocopies.  The hourly rate cannot be more than the hourly wage of the lowest paid employee who is capable of performing the required tasks.  Since a records custodian is required to maintain records in an orderly manner, you cannot be charged for the need to organize records in order to comply with your request.

If the cost is estimated to exceed $10, the custodian must provide you with a detailed estimate of the cost of providing the records, with a statement that the final charge may vary.  The custodian may require payment prior to starting to assemble the records.

The public records regulation encourages records custodians to waive fees “where disclosure would benefit the public interest,” but they are not required to do so.  The reality is that waiver of fees is rare unless the request is for a limited number of documents.

One way to keep costs down is to request that you be allowed to examine the documents first and then decide which, if any, you want copies of.

Other Sections:

Introduction to public records
Asking for records
Custodian's response
The exemptions
Attorney-client privilege
Appeals
Quasi-government agencies/misc.
More help/resource links