010-2 Wyo. Code R. §§ 2-4 - Electronic Public Records
(a) Production and
Construction Costs. Under
W.S.
16-4-202(d)(i), a custodian
shall charge an applicant the reasonable costs of producing and constructing a
copy of an electronic public record for inspection and copying. This cost may
include, but is not limited to, the time spent retrieving, compiling, sorting,
reviewing, redacting, formatting, converting, or copying the electronic public
record, as well as activities required to create or construct a new electronic
public record from existing data sources and all associated programming and
computer services.
(b) Minimum
Requirement to Charge Costs. Production and construction costs will be charged
only if they exceed $180.00. If the costs exceed $180.00, the initial $180.00
will be a credit and not charged to the applicant. If electronic production
and/or construction costs for a request total $180.00, the applicant will not
be charged any costs for production and/or construction of said electronic
records. If, for example, the production and/or construction costs for a
request total $200.00, the applicant will be charged $20.00. The initial
$180.00 is a credit upon the total amount charged for the production and/or
construction of electronic records. Applicants may not use multiple record
requests to evade this $180.00 threshold. The custodian has discretion to
consolidate public records requests that he or she reasonably believes have
been drafted and submitted to evade this $180.00 threshold.
(c) Production and Construction Costs.
Production and construction costs for electronic public records shall be as
follows:
(i) $15.50/hour for clerical staff
time.
(ii) $30.00/hour for
information technology staff time.
(iii) $40.00/hour for professional staff
time.
(iv) Actual cost of
programming and computer services.
(d) Payment. The custodian must provide the
applicant with an estimate of the reasonable costs of production and
construction of the electronic public records. The applicant must pre-pay the
estimated costs before the custodian produces or constructs the electronic
public records or provides any copies for inspection. Payment shall be made to
the custodian. If the custodian reaches the limit of the payment by the
applicant, the custodian will produce the records that are ready and available
at that point and will provide an additional estimate pursuant to this
subsection prior to continuing with the request.
(e) Refund. If a custodian estimates and
receives costs exceeding the actual time required to produce and construct the
electronic public records, the custodian shall refund the excess charge
received at the same time that he allows the applicant to inspect the
electronic public records.
(f)
Inspection. The custodian shall notify the applicant in writing when copies of
the electronic public records are produced and available for inspection. The
applicant shall have one month from the time the custodian provides
notification to come to the custodian's designated location to inspect the
records. After the one month time period, the request shall be officially
closed.
(g) Request Priority.
Requests that are at or below the $180.00 threshold will be handled
expeditiously by the custodian and will take priority over other public record
requests that are above the threshold.
(h) Costs for Producing Copies. The fee
schedules described in Section
5(b), (d), and (e) apply to
electronic public records.
Notes
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