(1) As authorized by Section 63G-2-203, OCHE may charge a reasonable fee to cover OCHE's actual cost of providing a record, which fee may include:
- (a) the cost of staff time for compiling the records to meet an individual's request;
- (b) cost of staff time for search and retrieval; or
- (c) cost of production of the record.
(2) OCHE may not charge a fee for:
- (a) reviewing a record to determine whether it is subject to disclosure, except as allowed under Subsection 63G-2-203(5)(b)(i);
- (b) inspecting a record; or
- (c) the first quarter hour of staff time spent in responding to a request, except as provided in Subsection R765-124-8(4)(d).
- (3) If the fees are expected to exceed $50 or the requester has not paid fees from a previous request, OCHE may require payment of past fees and future estimated fees before beginning to process a request.
(4) OCHE shall charge the following fees for record requests:
(a) The fee for photocopies shall be:
- (i) no fee for the first ten double-sided standard size, non-color white copies of a record request;
- (ii) $.25 per page for standard size, non-color white copies;
- (iii) $.40 per page for standard size, color copies;
- (iv) $1 per page for 11 X 17 copies; and
- (v) actual production cost for other odd sized copies.
- (b) The fee for faxing documents shall be $1 per page plus telephone charges for long distance over five pages.
- (c) The fee for certifying a document shall be $5 per certification.
(d) The fee for staff time required to search, compile, or otherwise prepare a record shall be the actual cost required to search, compile, and otherwise prepare records, including electronic records, not to exceed the salary of the lowest paid employee at OCHE who, in the discretion of the record's custodian, has the necessary skill and training to perform the request; except that OCHE may not charge staff time for the first quarter hour of responding to a record request unless the requester:
- (i) is not a Utah media representative; and
- (ii) previously submitted a separate request within the 10-day period immediately before the date of the record request to which OCHE is responding.
- (e) The fee for mailing and shipping shall be $5 for staff mail preparation time, plus actual mailing costs if greater than $2.
- (f) The fee for other supplies, such as CD's, DVDs, and thumb drives shall be $10 per item.
- (g) The fee for other services, such as fees for third party services, shall be OCHE's actual cost.
(5) Any requester may request a fee waiver, provided that:
- (a) the request fits within the limited circumstances allowed under GRAMA; and
- (b) the individual provides appropriate documentation and support to OCHE.
- (6) Any requester may appeal the denial of a waiver under Section R765-124-12.
KEY: education, records
Date of Last Change: March 15, 2026
Authorizing, and Implemented or Interpreted Law: 63G-2-2