Idaho Code §74-102 authorizes Boise State University Office of the General Counsel (OGC) to establish fees to recover actual costs associated with locating and copying documents in responding to a public records request (PRR). Except for fees that are authorized or prescribed under other provisions of Idaho law, no fee shall be charged for the first two (2) hours of labor in responding to a PRR or for copying the first one hundred (100) pages of public records requested. The OGC has established fees to recover the actual costs associated with locating and copying documents if:
- The request is for more than one hundred (100) pages of paper records,
- The request includes records from which nonpublic information must be deleted,
The actual labor associated with responding to the request exceeds two (2) person hours.
Pursuant to Idaho Code §74-102, the OGC established the following PRR Fee Schedule:
| Idaho Code Reference | Type of Work Involved | Costs |
|---|---|---|
| §74-102(10)(b)(i) | Photocopying more than 100 sheet pages on standard 8.5 x 11-inch paper | $.05 Per page black and white. $.29 Per page color |
| §74-102(10)(c) | Photocopying on sheets other than standard 8.5 x 11-inch paper | Actual cost – varies depending on size |
| §74-102(10)(e) | Where labor exceeds 2 person hours | Hourly Rate of Employee |
| §74-102(10)(e) | Where review by the General Counsel is required | Hourly Rate of Employee |
| §74-102(10)(c) | Where OGC has copy-related out-of-pocket costs | Actual cost |
| §74-102(10)(d)(i) | Where records are provided in the form of compact disc (CD), digital versatile disc (DVD), USB flash drive, or similar form | Actual cost |
| §74-102(10)(c) | Where copies of records are mailed or shipped | Actual cost |
| §74-102(10)(d)(ii) | Where Boise State University has a standard charge for selling information in the form or a publication | Standard cost for selling published information |
| §74-102(10)(c) | Retrieval of archived information | Out of pocket cost and labor rate to be determined at time request is submitted, if applicable |
| §74-102(10)(b)(c)(e) | Request includes records from which non-public information must be redacted | $.05 per page (black and white) and labor rate to be determined at time request is submitted, if applicable |
- Pursuant to §74-102(10)(g), Idaho Code, statements of fees will be itemized to show the per page costs for copies, hourly rates of employees and attorneys involved in responding to the PRR and the actual time spent on the PRR.
- Pursuant to §74-102(11), Idaho Code, if we believe a requester or a group of requesters is breaking down a request into a series of requests to avoid fee assessment, the requests will be combined to determine the total fee.
- Pursuant to §74-102(12), Idaho Code, OGC has established that an advance payment of fees is required before processing. If the advance payment is more than the actual costs of labor and copying, any overage will be refunded to the requester.
- Paper copies are duplexed whenever possible and treated as a single copy for fee assessment.
- Idaho sales tax (6%) is assessed on copy fees and OGC’s out-of-pocket costs.