2.40.140 Fees.
(a) Before responding to a request, the custodian may estimate in accordance with all applicable provisions of this chapter the search, preparation and reproduction costs associated with the request and present the estimate to the applicant. After presenting the estimate to the applicant, the custodian may:
(1) Demand prepayment of the estimated costs by the applicant, subject to a reconciliation between the custodian and applicant which shall occur no later than three working days after the final costs associated with the request received by the custodian; or
(2) Enter into a binding agreement with the applicant providing that the applicant will pay to WSSC all costs associated with the request as a condition of receipt.
(b) WSSC 2.40.170 governs the fees for copying and certifying records. These fees may be amended as provided for in the WSSC’s approved fees and charges, which can be found in the current WSSC approved budget, and is available at www.wsscwater.com.
(c) If the custodian is unable to copy a record, prepare a transcript, or otherwise comply with the applicant’s request within the WSSC, the custodian must make arrangements for the prompt reproduction of the record at public or private facilities outside the WSSC. Before incurring such reproduction costs, the custodian shall collect prepayment thereof from the applicant as set forth in subsection (a)(1) of this section.
(d) Except as provided in subsection (e) of this section, the custodian may charge reasonable fees for the time expended searching for requested records and preparing them for inspection and copying. This fee should be related to the custodian’s actual cost (for example, the cost of any outside contractor employed, or the hourly rate of any employee assigned to do the work), and may include the cost of retrieving files from off-site storage facilities.
(e) The custodian may not charge any search or preparation fee for the first two hours of time that is needed to respond to a request to inspect and/or copy public records.
(f) Upon written request, the custodian may waive or reduce any fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The Official Custodian must consider, among other relevant factors, the ability of the applicant to pay the cost or fee. A waiver of a fee in excess of $50.00 must be approved by the General Manager.
(g) If the applicant requests that copies be mailed or delivered to the applicant, the custodian shall charge the applicant for the cost of postage or delivery to the applicant. (L 07-01 § 14)