State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_132 > GS_132-6_2

§ 132‑6.2.  Provisionsfor copies of public records; fees.

(a)        Persons requestingcopies of public records may elect to obtain them in any and all media in whichthe public agency is capable of providing them. No request for copies of publicrecords in a particular medium shall be denied on the grounds that thecustodian has made or prefers to make the public records available in anothermedium. The public agency may assess different fees for different media asprescribed by law.

(b)        Persons requestingcopies of public records may request that the copies be certified oruncertified. The fees for certifying copies of public records shall be asprovided by law. Except as otherwise provided by law, no public agency shallcharge a fee for an uncertified copy of a public record that exceeds the actualcost to the public agency of making the copy. For purposes of this subsection,"actual cost" is limited to direct, chargeable costs related to thereproduction of a public record as determined by generally accepted accountingprinciples and does not include costs that would have been incurred by thepublic agency if a request to reproduce a public record had not been made.Notwithstanding the provisions of this subsection, if the request is such as torequire extensive use of information technology resources or extensive clericalor supervisory assistance by personnel of the agency involved, or if producingthe record in the medium requested results in a greater use of informationtechnology resources than that established by the agency for reproduction ofthe volume of information requested, then the agency may charge, in addition tothe actual cost of duplication, a special service charge, which shall bereasonable and shall be based on the actual cost incurred for such extensiveuse of information technology resources or the labor costs of the personnelproviding the services, or for a greater use of information technologyresources that is actually incurred by the agency or attributable to theagency. If anyone requesting public information from any public agency ischarged a fee that the requester believes to be unfair or unreasonable, therequester may ask the State Chief Information Officer or his designee tomediate the dispute.

(c)        Persons requestingcopies of computer databases may be required to make or submit such requests inwriting. Custodians of public records shall respond to all such requests aspromptly as possible. If the request is granted, the copies shall be providedas soon as reasonably possible. If the request is denied, the denial shall beaccompanied by an explanation of the basis for the denial. If asked to do so,the person denying the request shall, as promptly as possible, reduce theexplanation for the denial to writing.

(d)        Nothing in this sectionshall be construed to require a public agency to respond to requests for copiesof public records outside of its usual business hours.

(e)        Nothing in thissection shall be construed to require a public agency to respond to a requestfor a copy of a public record by creating or compiling a record that does notexist. If a public agency, as a service to the requester, voluntarily elects tocreate or compile a record, it may negotiate a reasonable charge for theservice with the requester. Nothing in this section shall be construed torequire a public agency to put into electronic medium a record that is not keptin electronic medium. (1995, c. 388, s. 3; 2004‑129, s. 38.)