125-020-0050 Fees for Public Records and Other Services (1) The Department will establish fees and miscellaneous charges, for providing access to or copies of public records in paper, electronic, or other format, based on the Department's actual costs of preparing and providing the records. Costs associated with a request for public records may include per page copy and facsimile fees, postage when applicable, staff time to locate, review, remove information exempt from disclosure, and/or transfer the material to a requested electronic or other necessary format appropriate for releasing the public record(s). (2) No additional fee will be charged for providing records in an alternative format when required by the Americans with Disabilities Act. (3) The Director or designee may reduce or waive fees when: (a) Time spent making the records available for inspection or preparation for photocopying was negligible; or (b) Supplying the requested records is within the normal scope of Department activity; or (c) Payment would cause extreme or undue financial hardship upon the requestor; or (d) Making the record available primarily benefits the general public. (4) All fees and charges must be paid in advance of releasing the requested public records for inspection or before photocopies are provided. Payments must be made by check or money order and made payable to the Department of Administrative Services. (5) Consistent with ORS 279.550, to conserve and protect the State's resources, photocopies will be produced on recycled paper in double-sided print format whenever feasible to reduce costs and paper waste. (6) Due to the threat of computer virus, the Department will not permit requestors to provide diskettes for electronic reproduction of computer records. Requests for other electronic reproduction will be evaluated at the time of the request and a determination made as to the feasibility and accessibility of the requested electronic format. The Department may require the requestor to provide the electronic media to which the record(s) will be copied. (7) A request for public records requiring the Department to access the State's mainframe computer system, may include but not be limited to fees for computer usage time, data transfer costs, disk work space costs, programming, and fixed portion costs for printing and/or tape drive usage. Any fees charged the requestor as a result of accessing the State's mainframe computer system would be included in subsection (9)(h) of this rule. (8) The Department limits the transmission of facsimile copies for public record requests to 30 pages. (9) Fees: (a) Photocopies (single or double-sided): 25 cents per page; (b) Facsimile: $5 1st page, $1 per page thereafter; (c) Diskette — 3 1/2 in.: $1 ea.; (d) Audio Cassette — 90 min.: $1 ea.; (e) Video Cassette — 2 hrs.: $2 ea.; (f) Postage/Freight: First Class or Bulk rate based on weight; (g) Staff Time: Calculated based on employee(s) hourly rate of pay; (h) Indirect Costs/Third Party Charges: Based on actual/ invoiced fees; (i) Publications: Fees for specific publications will be based on actual costs of development, printing and distribution, and determined by the Division distributing or releasing the publication. (j) Certification of Public Record: $5 Statutory/Other Authority: ORS 184.340 & 192.430 Statutes/Other Implemented: ORS 192.410 - 192.505 History: DAS 3-2015, f. & cert. ef. 5-29-15 Renumbered from 121-020-0050, DAS 2-2012, f. 11-20-12, cert. ef. 12-1-12 BAD 2-1997, f. 6-18-97, cert. ef. 7-1-97