8 CRR-NY 311.8NY-CRR
8 CRR-NY 311.8
8 CRR-NY 311.8
311.8 Fees.
(a) There shall be no fee charged for:
(1) inspection of records for which no redaction is permitted;
(2) search for, the administrative costs of, or employee time to prepare photocopies of records; or
(3) review of the content of requested records to determine the extent to which records must be disclosed or may be withheld; or
(4) any certification pursuant to this Part.
(b) Fees for photocopies of records may be charged, provided that:
(1) the fee shall not exceed 25 cents per page for photocopies not larger than 9 by 14 inches; and
(2) the fee for photocopies of records in excess of 9 by 14 inches shall not exceed the actual cost of reproduction.
(c) Fees for other records may be charged based on the actual cost of reproduction of a record, which may include only the following:
(1) an amount equal to the hourly salary attributed to the lowest paid employee who has the requisite skill to prepare a copy of the requested record, but only when more than two hours of the employee's time is necessary to do so; and
(2) the actual cost of the storage devices or media provided to the requester in complying with the request; or
(3) the actual cost to engage an outside professional service to prepare a copy of a record, but only when system administration or campus is unable, due to technological limitations, to prepare a copy of the record and if such service is used to prepare the copy.
(d) When system administration or the campus has the ability to retrieve or extract a record or data maintained in a computer storage system with reasonable effort, or when doing so requires less employee time than engaging in manual retrieval or redactions from non-electronic records, the retrieval or extraction of such record or data must be accomplished electronically. In such case, a fee may be charged in accordance with paragraphs (c)(1) and (2) of this section.
(e) The requester shall be informed of the estimated cost of preparing a copy of a record if more than two hours of an employee's time is needed, or if it is necessary to retain an outside professional service to prepare a copy of the record.
(f) System administration or the campus may require that the fee for copying or reproducing a record be paid in advance of the preparation of such copy.
8 CRR-NY 311.8
Current through July 31, 2021
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IMPORTANT NOTE REGARDING CONTENT CURRENCY: JULY 31, 2023, is the date of the most recently produced official NYCRR supplement covering this rule section. For later updates to this section, if any, please: consult editions of the NYS Register published after this date; or contact the NYS Department of State Division of Admisnistrative Rules at [email protected]. See Help for additional information on the currency of this unofficial version of the NYS Rules.