OAR 416-130-0060: Charges

(1) OYA may charge a requester for the cost of making the record available to the requester. Charges for record review and copying are limited to the actual cost of making the record available. (2) "Actual cost" may include a charge for the time spent in locating the requested records, reviewing the records to redact exempt information, supervising a person's inspection of original documents if the cost is greater than providing a copy of the record, or copying records, including: (a) The cost of current salaries, including other payroll expenses, of staff given these duties; (b) Cost per page for copies based on the current state printing and distribution price list; and (c) When an Attorney General's review of the records is required by OYA, a charge will be made to cover the cost of that service. (3) OYA must inform the requester of estimated charges and may require a deposit before acting on the request, or may require prepayment of actual costs before making the record available for inspection. (a) If the actual charges are less than the deposit or prepayment, any overpayment will be promptly refunded. If actual charges exceed the deposit or estimate, the additional charge may be recovered from the requester. (b) The requester may ask OYA for a waiver of the charges for the cost of making the record available and must explain why allowing the waiver is in the public’s interest. OYA must consider the following when evaluating a request for a fee waiver: (A) The public interest in the disclosure, the impact on the welfare of the general public, and the requesters’ ability to disseminate the information; (B) Reasonableness of the request when considering such factors as the complexity of the request, the need for redaction, the volume of records, and the extent of time, expense, and interference with the business of the agency; and (C) Whether the individual, private, or commercial interest is less than the public interest and is unrelated to an administrative, judicial, or legal proceeding; or a commercial interest. (c) If OYA denies the request for a waiver of all or part of the actual cost of providing the record, the requester may petition the Attorney General for a review of the denial of the waiver.