Mississippi Administrative Code › Title 11 - Mississippi Department of Environmental Quality › Part 1 - Administrative Regulations › Chapter 2 - Mississippi Commission on Environmental Quality Regulations Regarding the Review and Reproduction of Public Records › Rule 11-1-2.8 - Document Reproduction, Certification and Other Costs

Current through June 25, 2024
The schedule of charges and/or fees will be posted in the
				  File Review Room and with the FOI Officer.
A. MDEQ Staff and Contractor's Time. A
				requestor is responsible for paying the actual costs for the time staff and/or
				the time contractors allot to the requestor's public records request (this
				includes searching, reviewing and/ or duplicating the records). Costs will be
				calculated at the rate of the lowest level employee or contractor competent to
				respond to the request. This includes any costs associated with any public
				records request which involves a matter that MDEQ has contracted with outside
				attorneys on, which will require such attorneys' review prior to document
				production. MDEQ will collect these fees before providing the requested
				documents for review.
B. Charges
				for searching, reviewing and redacting. The actual cost of searching for and
				reviewing and, if necessary, redacting exempt information from public records
				shall be based upon the hourly rate of compensation for the lowest paid agency
				employee qualified to perform the task, which shall be multiplied by the actual
				time to complete the task. This includes the actual costs required for
				searching, reviewing and redacting requested documents by contractors which
				have been contracted by MDEQ to work on the matters being requested.
C. Copies. MDEQ allows individuals submitting
				a written request for records to copy documents that are not exempt from
				disclosure or to have the documents copied for them. In general, MDEQ is not
				staffed sufficiently to respond to requests for MDEQ personnel to copy
				documents for members of the public. Although MDEQ staff will attempt to
				facilitate document availability and review, MDEQ usually will (and reserves
				the right to) deny requests to assign MDEQ staff the task of copying records
				for members of the public. Copies can be made by the requestor or by an
				approved copier service.
D. Costs
				for copies. Consistent with the copying fee schedule, MDEQ charges a specified
				amount for a standard black and white photocopy of a record, color copies and
				scanned copies selected by a requestor. A statement of the factors and the
				manner used to determine these charges are available from the FOI Officer.
E. Costs for electronic records.
				There is generally no charge for e-mailing electronic records to a requestor or
				for supplying electronic copies via the requestor's storage device; however
				staff time and other actual costs may apply as fees or costs allowed under
				Miss. Code Ann. §
									25-61-7(2)(Rev.
				2010). Requestors may use their own new, in shrink wrap, storage device (clean
				and free of viruses or corruption) for electronic copies. Requestors must be
				aware that MDEQ is not responsible if the storage devices are lost, stolen, or
				damaged. Electronic media devices may be available to the requestor as agency
				supply permits; MDEQ is not required to supply requestors with electronic media
				devices. The cost of MDEQ providing an electronic media device will be the
				actual cost of the storage device. Any other type of electronic storage format
				charge, as technology advances permit, will be based on the actual cost of the
				storage device.
F. Costs of
				mailing. MDEQ may also charge actual costs of mailing, including the cost of
				the shipping container.
G. MDEQ
				shall require payment in advance for all costs before providing copies or
				access to records unless the requestor makes satisfactory prior billing
				arrangements for copying to ensure payment consistent with Rule 2.8.1.
H. Certification of Hard-Copy and
				Electronic Documents. MDEQ public record files are working documents, and
				documents are added to the files regularly. No certification will be made that
				the records reviewed are the "complete" file, only that the document(s)
				reproduced are certified as a true copy of the records limited to the date the
				documents were produced. Certifications will be signed and dated either by the
				MDEQ Executive Director, his or her designee, or the FOI Officer or his or her
				supervisor.
I. Payment and Copying
				Privileges. Payment may be made by check or money order to MDEQ. The costs of
				reproduction are payable by the requesting individual, firm, or their
				representative. In the event the individual, firm or representative making the
				copies has made prior arrangements for billing with MDEQ, MDEQ will mail a bill
				for payment for copies once the invoice is signed. Payment is due upon the
				receipt of the bill. Any individual, firm or their representative that has not
				made satisfactory arrangements to ensure payment through billing by invoice or
				purchase order must pay in advance or at the time of reproduction of the
				records. Failure to pay a bill will result in the individual, firm or their
				representative having to pay before the release of subsequent reproductions.
				Failure to timely pay for copies will result in the loss of future copying
				privileges until the outstanding bill is fully paid. Payment for the actual
				cost regarding MDEQ staff and/or contractor's time to search, redact (if
				applicable) and review the public records related to the request must be made
				to MDEQ prior to production of the requested documents.
Miss. Code Ann.
				  §§
										25-61-1,
				  et seq., 21-61-5, 21-61-7.