Section 1101.505  Fees for Records

a)         In accordance with Section 1101.510, unless a fee is otherwise fixed by statute, the Agency will provide copies of records and certifications of records in accordance with the fee schedule set forth in Appendix A.

b)         In calculating its actual cost for reproducing records or for the use of the equipment of the Agency to reproduce records, the Agency will not include the costs of any search for and review of the records or other personnel costs associated with reproducing the records. (Section 6(b) of FOIA)

c)         Copies of records will be provided to the requester only upon payment of any fees due.  The Agency may charge the requester for the actual cost of purchasing the recording medium, whether disc, diskette, tape, or other medium, but the Agency will not charge the requester for the costs of any search for and review of the records or other personnel costs associated with reproducing the records.  (Section 6(a) of FOIA) Payment must be by check or money order sent to the Agency, payable to "Illinois Department of Healthcare and Family Services".

d)         If a contractor is used to inspect or copy records, the following procedures shall apply:

1)         The requester, rather than the Agency, must contract with the contractor;

2)         The requester is responsible for all fees charged by the contractor;

3)         The requester must notify the Agency of the contractor to be used prior to the scheduled on-site inspection or copying;

4)         Only Agency personnel may provide records to the contractor;

5)         The Agency must have verification that the requester has paid the Agency, if payment is due, for the copying of the records before providing the records to the contractor; and

6)         The requester must provide to the Agency the contractor's written agreement to hold the records secure and to copy the records only for the purpose stated by the requester.

e)         The Agency may charge up to $10 for each hour spent by personnel in searching for and retrieving a requested record.  No fees shall be charged for the first 8 hours spent by personnel in searching for or retrieving a requested record.  The Agency may charge the actual cost of retrieving and transporting public records from an off-site storage facility when the public records are maintained by a third-party storage company under contract with the Agency.  If the Agency imposes a fee pursuant to this subsection, it must provide the requester with an accounting of all fees, costs, and personnel hours in connection with the request for public records.  The provisions of this subsection apply only to commercial requests.  (Section 6(f) of FOIA)