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PA Bulletin, Doc. No. 13-236

STATEMENTS OF POLICY

Title 101—GENERAL ASSEMBLY

LOCAL GOVERNMENT COMMISSION

[ 101 PA. CODE CH. 303 ]

Right-to-Know Law; Amendments

[43 Pa.B. 878]
[Saturday, February 9, 2013]

 The Local Government Commission (Commission) amends § 303.18(c) (relating to fee schedule) to read as set forth in Annex A. The purpose of this statement of policy is to clarify the fee procedures applicable to a large or complex ''legislative record'' as defined in section 102 of the Right-to-Know Law (65 P. S. § 102).

Effective Date

 This statement of policy is effective upon publication.

MICHAEL P. GASBARRE, 
Director

 (Editor's Note: Title 101 of the Pennsylvania Code is amended by amending the statement of policy in § 303.18 to read as set forth in Annex A.)

Annex A

TITLE 101. GENERAL ASSEMBLY

PART III. LOCAL GOVERNMENT COMMISSION

CHAPTER 303. RIGHT-TO-KNOW LAW—
STATEMENT OF POLICY

Subchapter B. OPEN RECORDS PROCEDURES OF THE COMMISSION

§ 303.18. Fee schedule.

 (a) General rule. Except as set forth in subsection (b), the following apply:

 (1) The fee for providing a document is 25¢ per page.

 (2) The fee for postage will not exceed actual mailing costs.

 (3) The fee for certifying a document is $5 per document, regardless of the number of pages. Each document requires separate certification and fee.

 (4) The fee for redaction of a document is $1 per page.

 (5) The fee for electronic media such as a diskette or compact disc shall be $1 per diskette or disc.

 (b) Exception. The Executive Director of the Commission reserves the right to waive a duplication fee if the total amount due under this section does not exceed $5.

 (c) Payment.

 (1) In accordance with paragraphs (2) and (3), payment arrangements shall be made between the requester and the open-records officer.

 (2) If the actual fee is expected to exceed $100, payment of an estimated fee under section 1307(h) of the law (65 P. S. § 67.1307(h)) shall be made prior to the initiation of providing of the document. If payment under this paragraph is required, a check, certified check or money order must be made payable to ''Local Government Commission'' in the amount of the estimated fee.

 (3) Payment of the actual fee shall be made prior to providing the document. In the event that the amount of the prepayment of an estimated fee required under paragraph (2) exceeds the amount of actual fees required to provide the document, the Commission will refund the difference between estimated fees paid and actual fees, along with an accounting of actual fees incurred, within 45 days of providing the document.

 (4) If a check provided for the payment of estimated or actual fees fails to clear due to insufficient funds, additional fees incurred by the Commission will be added to the total amount due under this section.

[Pa.B. Doc. No. 13-236. Filed for public inspection February 8, 2013, 9:00 a.m.]


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