1. (a) Any costs incurred by the board upon application for or demand of any document, record, or action of the board which the board is required to provide by law or by these rules shall be recovered by the board from the individual or entity making the request or demand. The costs for the staff time incurred in locating, compiling, manipulating data and reproducing public information as well as redacting or obscuring confidential information requested shall be based upon the actual salary of the agency staff responding to the request. Any matter deemed confidential by statute, attorney general opinion, or court order is not subject to release. The charge for requesting photocopied reproductions of any public record of the board will be the charges established by the Office of the Attorney General. The following guidelines will apply for the cost of providing mailing lists.

   1. (1) Personnel charges will be the actual salary rate of attributable staff plus fringe benefits.
   2. (2) Overhead charges will be determined on an actual cost recovery basis.
2. (b) The board may waive these charges if there is a public benefit. The executive director is authorized to determine whether a public benefit exists on a case by case basis.
3. (c) Sales tax, if required, will be charged on publications including, but not limited to, publications containing information on the UCPAE and requirements for certification and licensure.
4. (d) Payment will be made by cash, check, or money order. No refund of any charges or fees paid to the board will be made for less than $5.00 of monies paid by mistake in excess of the correct fee, unless specifically requested in writing.

Source Note:The provisions of this §521.6 adopted to be effective December 24, 1979, 4 TexReg 4508; amended to be effective April 1, 1982, 7 TexReg 820; amended to be effective June 11, 1991, 16 TexReg 2955; amended to be effective October 18, 1994, 19 TexReg 7907; amended to be effective August 17, 2008, 33 TexReg 6381; amended to be effective February 9, 2011, 36 TexReg 547; amended to be effective August 8, 2012, 37 TexReg 5784.