From:   Freeman, Robert (DOS)
Sent:    Thursday, May 08, 2008 4:35 PM
To:       Subject:           RE: FOIL request

Hi - -

Yes, when a request for copies of records maintained by an agency is made pursuant to FOIL, an agency is required to make copies upon payment of the appropriate fee.  In the situation that you described, §302(2) of the State Administrative Procedure Act may be pertinent.  That provision states in part that:  “Except when any statute provides otherwise, the agency is authorized to charge not more than its cost for the preparation and furnishing of such record or transcript or any part thereof, or the rate specified in the contract between the agency and a contractor if prepared by a private contractor.”  That being so, if the Department contracts with a service to prepare a transcript, the Department may charge a fee based on the rate specified in the contract with the service.

Hope this helps.

Robert J. Freeman
Executive Director
Committee on Open Government
NYS Department of State
One Commerce Plaza
99 Washington Ave., Suite 650
Albany, NY 12231
(518) 474-2518
(518) 474-1927 - fax