1. A. Except as provided in §§B and C of this regulation, the fee schedule for copying and certifying copies of public records of the Commission is as follows:

   1. (1) The fee for each copy made by a standard printer or a photocopying machine within the Commission is 25 cents per page;
   2. (2) The fee for each copy made otherwise than by a standard printer or a photocopying machine shall be based on the actual cost of reproduction; and
   3. (3) For a public record certified as a true copy, an additional fee of $1 per page (or if appropriate, per item) shall be charged.
2. B. Minimum Fee. A charge may not be made if the total fee is $1 or less.
3. C. If the fee for copies or certified copies of any public record of the Commission is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee.

4. D. If the custodian cannot copy a public record within the Commission, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Commission. The custodian shall:

   1. (1) Collect from the applicant a fee to cover the actual cost of reproduction; or
   2. (2) Direct the applicant to pay the cost of reproduction directly to the facility making the copy.

5. E. Before copying a public record of the Commission, the custodian shall estimate both the cost of reproduction and the search and preparation fee under §F of this regulation and either:

   1. (1) Obtain the agreement of the applicant to pay the cost; or
   2. (2) Demand prepayment of all or a portion of the cost.

6. F. Search and Preparation Fee.

   1. (1) Except as provided in §G of this regulation, the custodian may charge a reasonable fee for time that an official or employee of the Commission spends to:

      1. (a) Search for requested public records;
      2. (b) Review requested public records for potential disclosure; and
      3. (c) Prepare public records for inspection and copying.
   2. (2) The custodian shall determine the fee under §F(1) of this regulation by multiplying actual time attributable to the search for, review of, and preparation of public records for inspection and/or copying by $100 per hour for clerical staff time and $200 per hour for information technology staff time.
7. G. The custodian may not charge a search or preparation fee under §F of this regulation for the first 2 hours needed to search for and prepare a public record for inspection.

8. H. Waiver or Reduction of Fee.

   1. (1) The official custodian may waive or reduce any fee set under this regulation if:

      1. (a) The applicant requests a waiver; and

      2. (b) Either:

         1. (i) The custodian determines that the waiver or reduction is in the public interest; or
         2. (ii) The applicant is indigent and files an affidavit verifying the facts that support a claim of indigency.
   2. (2) In determining whether a fee waiver is in the public interest, the custodian shall consider, among other relevant factors, the ability of the applicant to pay the fee.
9. I. If the applicant requests that copies of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the cost of postage or delivery.

Authority: General Provisions Article, §§4-101—4-601; Labor and Employment Article, §9-309(a); Annotated Code of Maryland

Effective date: March 15, 2004 (31:5 Md. R. 451)

Chapter recodified from COMAR 14.09.09, Public Information Act Requests, to COMAR 14.09.16, Public Information Act Requests, effective March 3, 2014 (41:4 Md. R. 304)

Regulation .03B amended effective March 16, 2015 (42:5 Md. R. 487)

Regulation .13 amended effective March 16, 2015 (42:5 Md. R. 487)

Chapter revised effective October 18, 2021 (48:21 Md. R. 890)