The PRD shall charge the requesting party the hourly wage of the employee(s) reasonably necessary to produce the requested records above the labor threshold defined in Rule 1720-01-11.02(2). The “hourly wage” is based upon the employee(s) base salary and does not include benefits. In calculating the labor costs to be charged to the requesting party, the PRD shall:

1. (1) First, determine the number of hours each employee spent producing the requested public records;
2. (2) Second, subtract the one (1) hour threshold from the number of hours the highest paid employee spent producing the request;
3. (3) Third, multiply the total number of hours to be charged for the labor of each employee by that employee’s hourly wage; and
4. (4) Fourth, add together the totals for all the employees involved in the request to determine the total amount of the labor costs to be charged to the requesting party.

Authority: T.C.A. §§ 4-3-603, 4-3-606 and 10-7-503(a). Administrative History: Public necessity rule filed November 20, 2008; effective through May 4, 2009. Public necessity rule filed November 20, 2008 and effective through May 4, 2009 expired effective May 5, 2009; rule reverted to previous status. Original rule filed August 31, 2009; effective January 29, 2010.