May the RAO charge a fee for search and segregation of records?

An RAO may charge and recover a fee for the time spent searching, redacting, photocopying, and refiling a record.

  • Agencies shall not assess a fee for the first four hours of time spent searching for, compiling, segregating, redacting, and reproducing a requested record.
  • Municipalities with a population of over 20,000 shall not assess a fee for the first two hours of time spent searching for, compiling, segregating, redacting, and reproducing a requested record.
  • Municipalities with a population of 20,000 and under are permitted to charge for the first two hours of time spent searching for, compiling, segregating, redacting, and reproducing a requested record.
  • The hourly rate may not be greater than the prorated hourly wage of the lowest-paid employee who is capable of performing the task. Generally, an RAO is not permitted to charge an hourly rate in excess of $25 per hour to search for records. Municipal RAOs may petition the Supervisor for permission to charge a fee in excess of $25.
  • The fee estimate must provide the hourly rate and the number of hours required for each portion of the task. An RAO may not recover fees associated with record organization.
  • Agency and municipal RAOs may petition the Supervisor for permission to assess a fee for time spent segregating and redacting.

If a requestor wishes to review records in the records custodian's office but does not require copies, a records custodian may charge and recover a fee for his or her time spent searching for and redacting the records. Access to records viewed in this manner cannot be denied and only minor fees associated with securing the record should be charged.

Show All Answers

1. What is the difference between the federal Freedom of Information Act and the Massachusetts Public Records Law?
2. Who can help me with questions regarding the Public Records Law?
3. What is a “public record”?
4. How do I find the records I seek?
5. Does the Division of Public Records have my records?
6. Does the Public Records Law apply to court, legislative or federal records?
7. What is a Records Access Officer?
8. What is a records custodian?
9. How do I obtain copies of public records?
10. What do I do if my request is denied?
11. May I also go to court to seek public records?
12. My appeal was closed because I did not provide the necessary information. What do I do now?
13. What are the requirements for an RAO response to a public records request?
14. Does my request need to be in writing, and do I need to use a specific form?
15. May I appeal a failure to answer a question?
16. What is the cost for copies of public records; what about electronic records?
17. Is an RAO required to provide a fee estimate?
18. May the RAO charge a fee for search and segregation of records?
19. When must minutes of an open meeting be made available to the public?
20. Does a requester have greater right of access to records if he is the subject of a record?
21. Is a requester required to disclose the intended use of the public record requested?
22. How should an RAO respond to an unclear request?
23. What if a records custodian claims that it is not subject to the Public Records Law?
24. Are RAOs required to forward a request for records not in their possession?