(a)(1) In this section the following words have the meanings indicated.
(2) “Indigent” means an individual's family household income is less than 50% of the median family
income for the State as reported in the Federal Register.
(3) “Reasonable fee” means a fee bearing a reasonable relationship to the recovery of actual costs incurred
by a governmental unit.
(b)(1) Subject to the limitations in this section, the official custodian may charge
an applicant a reasonable fee for:
(i) the search for, preparation of, and reproduction of a public record prepared,
on request of the applicant, in a customized format; and
(ii) the actual costs of the search for, preparation of, and reproduction of a public
record in standard format, including media and mechanical processing costs.
(2) The staff and attorney review costs included in the calculation of actual costs
incurred under this section shall be prorated for each individual's salary and actual
time attributable to the search for and preparation of a public record under this
(c) The official custodian may not charge a fee for the first 2 hours that are needed
to search for a public record and prepare it for inspection.
(d)(1) If another law sets a fee for a copy, an electronic copy, a printout, or a
photograph of a public record, that law applies.
(2) The official custodian may charge for the cost of providing facilities for the
reproduction of the public record if the custodian did not have the facilities.
(e) The official custodian may waive a fee under this section if:
(1) the applicant asks for a waiver; and
(2)(i) the applicant is indigent and files an affidavit of indigency; or
(ii) after consideration of the ability of the applicant to pay the fee and other
relevant factors, the official custodian determines that the waiver would be in the
(f) If the custodian of a public record for a local school system charges an applicant
a fee under subsection (b) of this section, the custodian shall provide written notice
to the applicant that the applicant may file a complaint with the Board to contest
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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