Public Records Request Fee Schedule
Idaho Code Section 74-102(10)(c), authorizes ISDA to establish a fee schedule to recover actual costs associated with locating and copying documents in responding to a public records request (PRR if:
- The request is for more than one hundred (100) pages of paper records; or
- The request includes records from which non-public information must be deleted; or
- The actual labor associated with responding to the request for public records exceeds two (2) person-hours.
ISDA will not charge for the first 100 pages of records, even if the responsive documents exceed 100 pages. Similarly, ISDA will not charge for the first two(2) person-hours of labor associated with responding to the request, even if the actual hours of labor exceed two(2) hours. For example, if there are 125 pages of responsive documents, and ISDA staff expended two and one-half (2½) hours in processing the request, ISDA will charge for 25 pages and one-half (½) hour of labor.
The ISDA fee schedule will not exceed reasonable labor costs necessarily incurred responding to a PRR. Fees, if charged, shall reflect the personnel and quantity of time that are reasonably necessary to process the request. Fees for labor costs shall be charged at the per pay rate of the lowest-paid employee who is necessary and qualified to process the request. If a request requires redactions to be made by an attorney, the rate charged shall be no more than the per hour rate of the lowest-paid attorney on staff. Idaho Code §74-102(10)(e).
ISDA will assess fees for PRRs according to the following fee schedule:
| Idaho Code Reference | Description of Work Performed | Costs |
|---|---|---|
| §74-102(10)(a) | Copying less than 100 pages, 8½" x 11" paper size | No charge |
| §74-102(10)(c), (e) | Copying other than 8½" x 11" paper size (maps, blueprints, other materials) | Actual copying cost and labor rate to be determined at time request is submitted, if applicable |
| §74-102(10)(c), (e) | Copying 100 or more pages in color, 8½" x 11" paper size | $.50 per page and labor rate to be determined at time request is submitted, if applicable |
| §74-102(10)(d), (e) | Transfer of documentation in the form of computer tapes, discs, microfilm, or similar record media | Actual copying cost and labor rate to be determined at time request is submitted, if applicable |
| §74-102(10)(b), (c), (e) | Copying 100 or more pages, 8½" x 11" paper size | $.10 per page for pages in excess of 100 and labor rate to be determined at time request is submitted, if applicable |
| §74-102(10)(b), (c), (e) | Redacting nonpublic information from records | Labor rate to be determined at time request is submitted, if applicable |
| §74-102(10)(b), (c), (e) | Labor exceeding two(2) person hours to locate and copy documents | Labor rate to be determined at time request is submitted, charge only for time in excess of two hours |
Each page on which print appears will be treated as a single copy, thus double-sided copies will be assessed on the same fee schedule as two single-sided copies. ISDA is not required to provide multiple copies of the same document.
Postage will be charged for requests of 100 or more documents if the documents responsive to the request are to be mailed. Idaho sales tax shall be assessed on copy fees and ISDA’s out-of-pocket costs.
If ISDA has reason to believe that a person is attempting to divide one request into a series of separate requests to avoid fees, ISDA will aggregate such requests and charge a total fee. In determining whether a requester is dividing a request into several to avoid paying the fee, ISDA may consider the time period in which the requests have been made, as well as whether the subjects of the requests are related. Under Idaho Code Section 74-102(11), ISDA will not aggregate multiple requests on unrelated subjects from one requester.
When a custodian receives a PRR, the custodian will estimate the fee associated with the request and notify the requester in writing of the estimated fee. All fees associated with a PRR must be paid in advance. Any overpayment will be refunded to the requester. If a person making a request has an outstanding balance for prior PRRs with ISDA, the outstanding balance must be paid in full before any subsequent public records will be provided to the person. The custodian will maintain records of payments made for public record requests.
Fee Waiver
Under Idaho Code Section 74-102(10)(f), ISDA may not charge any cost or fee for copies or labor in certain circumstances.