Section 1076.410  Copies of Public Records; Copy Fees

a)         Copies of public records shall be provided to the requestor only upon payment of any charges which are due.  If payment is not received within 60 days after the Department has notified the requestor of the charge, the Department shall consider the request withdrawn.  The Department shall notify the requestor in writing that the request has been withdrawn.

b)         Fees for copies of public records on letter or legal size paper shall be calculated at the rate of 35 cents per page.  If the requestor asks that copies of the public records be sent to the requestor, postal or express mail charges shall be assessed at the actual rate charged to the Department.

c)         Fees for document reproduction requests that require creation of computer programs and computer generated records, or copying of microfilmed or electronically imaged information, shall be based on actual costs incurred by the Department.

d)         The Department may provide information on diskette in an electronic form such as an ASCII comma delimited file.  The fee for such material will be based on the actual cost incurred by the Department.

e)         Some records possessed by the Department are in book or pamphlet form. A fee may be assessed for such materials based on the actual cost incurred by the Department.

f)          Fees for reproducing records in a form not listed in this Section (e.g., computer tapes, printouts, video tapes, maps and blueprints) will be based on the actual costs incurred by the Department.

g)         There shall be no fee charged for inspection of records or the Department's costs in searching for and reviewing records.

h)         Payment shall be remitted by check or money order, made payable to the Department of Nuclear Safety, and shall be sent to the Freedom of Information Officer.

i)          Fees for certification of records shall be $2 per certification.

j)          Fees shall be waived if:

1)         the requestor is a State agency,

2)         the requestor is a constitutional officer or a member of the General Assembly,

3)         the requestor states the specific purpose for the request and indicates that a waiver of the fee is in the public interest.  Waiver of the fee is in the public interest if the principal purpose of the request is to access and disseminate information regarding the health, safety and welfare or the legal rights of the general public and is not for the principal purpose of personal or commercial benefit (Section 6(b) of the FOIA [5 ILCS 140/6(b)]), or

4)         the total charge for copies of the public records, including any postal charges and any fees assessed in accordance with this Section, is less than $10.

(Source:  Amended at 23 Ill. Reg. 6969, effective May 26, 1999)