What Agencies Can Legally Charge
Public records laws generally allow agencies to charge for the actual, direct costs of fulfilling a request. What is and is not chargeable varies by state, but the general framework is:
| Cost Type | Chargeable? | Notes |
|---|---|---|
| Duplication (paper copies) | Usually yes | Most states cap at $0.10–$0.25/page |
| Duplication (electronic/PDF) | Usually no or minimal | Many states prohibit fees for emailing existing files |
| Staff search time | Sometimes | Varies widely — some states cap at first 1–2 hours free |
| Attorney review time | Rarely | Most states do not allow attorney billing rates for FOIA review |
| Computer programming | Sometimes | Only if special programming is genuinely required |
| Overhead / administrative fees | Usually no | Agencies cannot add overhead or profit on top of direct costs |
Step 1: Request an Itemized Fee Breakdown
Before paying or disputing, ask for a written itemization of how the fee was calculated. Include in your request:
- Number of pages or files to be provided
- Hourly rate charged for search and review time
- Number of hours estimated for each category
- Whether any portion of the fees can be waived
- Statutory authority for each fee component charged
Agencies that cannot produce an itemized breakdown have a harder time defending their fee estimates at the appeal stage.
Step 2: Challenge Specific Line Items
Common fee abuses and how to challenge them:
Attorney Review at Legal Rates
In many states, agencies cannot bill attorney hourly rates for records review. Review must be billed at the rate of the lowest-paid staff member who could perform the review. If an agency is billing $250/hour for an attorney to review records, challenge this specifically.
Charging for Electronic Files That Already Exist
If the records exist as electronic files and the agency is charging for printing and scanning them, challenge this. Most modern open records laws require agencies to provide records in their existing electronic format at no or minimal cost.
Excessive Search Time Estimates
If an agency estimates 40 hours to search an email system for a specific term over a 3-month period, that is likely inflated. Modern email systems search instantly. Ask the agency to explain its search methodology and why the estimated time is justified.
Step 3: Request a Fee Waiver
Almost every state's open records law includes a fee waiver provision for requests that primarily benefit the public interest rather than a private commercial interest. Use our Fee Waiver Language Builder to generate the exact language for your state.
Strong fee waiver arguments include:
- The information will be shared publicly (posted online, published, distributed)
- You are a journalist, nonprofit, researcher, or educator
- The request concerns government accountability or the exercise of official power
- You have no commercial interest in the information
- The disclosure will contribute to public understanding of government operations
Step 4: Narrow Your Request
If a fee waiver is denied and the estimate is still too high, narrowing the request is the most practical solution:
- Reduce the date range
- Limit to specific named custodians rather than "all staff"
- Request electronic format only (avoids printing/scanning charges)
- Limit to final documents rather than all drafts
- Ask the agency which portion of your request is most easily fulfilled and start there