22.3 - SUPERVISION -- FEES.
22.3 SUPERVISION -- FEES.
1. The examination and copying of public records shall be done
under the supervision of the lawful custodian of the records or the
custodian's authorized designee. The lawful custodian shall not
require the physical presence of a person requesting or receiving a
copy of a public record and shall fulfill requests for a copy of a
public record received in writing, by telephone, or by electronic
means. Fulfillment of a request for a copy of a public record may be
contingent upon receipt of payment of expenses to be incurred in
fulfilling the request and such estimated expenses shall be
communicated to the requester upon receipt of the request. The
lawful custodian may adopt and enforce reasonable rules regarding the
examination and copying of the records and the protection of the
records against damage or disorganization. The lawful custodian
shall provide a suitable place for the examination and copying of the
records, but if it is impracticable to do the examination and copying
of the records in the office of the lawful custodian, the person
desiring to examine or copy shall pay any necessary expenses of
providing a place for the examination and copying.
2. All expenses of the examination and copying shall be paid by
the person desiring to examine or copy. The lawful custodian may
charge a reasonable fee for the services of the lawful custodian or
the custodian's authorized designee in supervising the examination
and copying of the records. If copy equipment is available at the
office of the lawful custodian of any public records, the lawful
custodian shall provide any person a reasonable number of copies of
any public record in the custody of the office upon the payment of a
fee. The fee for the copying service as determined by the lawful
custodian shall not exceed the actual cost of providing the service.
Actual costs shall include only those expenses directly attributable
to supervising the examination of and making and providing copies of
public records. Actual costs shall not include charges for ordinary
expenses or costs such as employment benefits, depreciation,
maintenance, electricity, or insurance associated with the
administration of the office of the lawful custodian. Section History: Early Form
[C71, 73, 75, 77, 79, 81, § 68A.3] Section History: Recent Form
C85, § 22.3
2001 Acts, ch 44, §2; 2005 Acts, ch 103, §1; 2006 Acts, ch 1010,
§14
Referred to in § 2.42, 8A.341, 321.11, 483A.22A