1. (a) Definitions. The following words and terms, when used in this section, will have the following meanings, unless the context clearly indicates otherwise.

   1. (1) Agency or OCCC--The Office of Consumer Credit Commissioner of the State of Texas.
   2. (2) Commissioner--The Consumer Credit Commissioner of the State of Texas.
   3. (3) Public information request--A written request made for public information pursuant to Texas Government Code, Chapter 552 (the Texas Public Information Act). Another name for a "public information request" is an "open records request," and these terms may be used synonymously.
   4. (4) Readily available information--Public information that already exists in printed form, or information that is stored electronically, and is ready to be printed or copied without requiring any programming, but not information that is located in two or more separate buildings that are not physically connected with each other or information that is located in a remote storage facility as per Texas Government Code, §552.261.
   5. (5) Standard-size copy--A printed impression on one side of a piece of paper that measures up to 8 1/2 inches by 14 inches. A piece of paper that is printed on both sides will be counted as two copies.
2. (b) Receipt of public information request. Upon receipt of a written request from a requesting party which clearly identifies the public records requested to be copied or examined pursuant to Texas Government Code, Chapter 552 (the Texas Public Information Act), the agency will make every reasonable effort to provide the information in the manner requested as quickly as possible without disruption of normal business activities, on condition that information that is confidential by law will not be provided except under court order, Attorney General directive, or other legal process. All inquiries will be treated equally. Fees imposed by this section may be waived or reduced at the discretion of the commissioner as per Texas Government Code, §552.267.

3. (c) Copy and service charges.

   1. (1) 50 pages or fewer. No fee will be charged for requests for 50 or fewer standard-size copies of public information.

   2. (2) More than 50 pages. For standard-size copies of more than 50 pages of public information, the following charges will apply:

      1. (A) $0.10 per page; and
      2. (B) $15 per hour of personnel time spent locating, copying, and preparing the information for delivery or inspection.
   3. (3) Not readily available information. For standard-size copies of information that is not readily available and that must be retrieved from a separate or remote storage location as per Texas Government Code, §552.261, and regardless of number of pages, a charge of $15 per hour of personnel time spent driving to and from the storage location or locating, retrieving, and restoring the information may be added to the charges specified by this subsection as per 1 TAC §70.3 (relating to Charges for Providing Copies of Public Information).
   4. (4) Certification. If certification of copies is requested, an additional charge of $5 per certification will be added to the computed fee. A certified copy will bear the signature of the commissioner and the OCCC seal.
   5. (5) Non-standard-size copies. The cost for non-standard-size copies will be determined by reference to any recommended standards promulgated by the Office of the Attorney General, Title 1, Part 3, Chapter 70 (relating to Cost of Copies of Public Information).

   6. (6) Cost estimates.

      1. (A) Over $40. If the anticipated charges under this subsection plus anticipated charges under subsection (d) of this section exceed $40, the agency will send an estimate outlining the estimated cost to fulfill the request as per Texas Government Code, §552.2615.
      2. (B) Over $100. If the anticipated charges under this subsection plus anticipated charges under subsection (d) of this section exceed $100, the agency will send a cost estimate as provided in subparagraph (A) of this paragraph. In addition, the agency may require cash prepayment or bond equal to the total anticipated charges prior to providing copies of the requested information, as per Texas Government Code, §552.263.

4. (d) Delivery charges.

   1. (1) U.S. mail. When copies are required to be mailed, the cost of postage will be added to the computed fee.
   2. (2) Expedited delivery. When copies are required to be sent by overnight delivery service or other expedited delivery, the cost of the service will be added to the computed fee unless the requestor arranges to pay the delivery charges directly.
   3. (3) Email. When copies of more than 50 pages are sent via email, the $0.10 per page copying charge will not apply except for pages requiring redaction of confidential information.

5. (e) Inspection of records.

   1. (1) Generally. Records access for purposes of inspection will be by appointment only and will only be available during regular business hours of the agency. If the safety of any public record or the protection of confidential information is at issue, or when a request for inspection would be unduly disruptive to the ongoing business of the office, physical access may be denied and the option of receiving copies at the usual fees will be provided.
   2. (2) Redaction of confidential information and more than 50 pages. If confidential information must be redacted prior to a requestor's inspection and the request totals more than 50 pages, $0.10 per page may be charged to prepare the inspection copies containing the remaining public information.
   3. (3) Over $100. If a request for inspection would result in charges of over $100, the agency may require a 50% cash prepayment or a bond equal to the total anticipated charges prior to providing access to the requested information, as per Texas Government Code, §552.263 and 1 TAC §70.7 (relating to Estimates and Waivers of Public Information Charges).
6. (f) Agency officer for public information. The commissioner or the commissioner's designee is the agency's officer for public information.

Source Note:The provisions of this §82.2 adopted to be effective October 11, 1994, 19 TexReg 7594; amended to be effective July 14, 2002, 27 TexReg 5966; amended to be effective January 4, 2007, 31 TexReg 10760; amended to be effective September 6, 2012, 37 TexReg 6909.