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Asked and Answered

Duplication costs and “search fees”

June 14, 2009

Question

I recently filed a request with a number of local health departments in California for copies of the last two routine health inspection reports for certain restaurants in their respective jurisdictions.Several of these jurisdictions have sent me invoices which include “search” fees.For example, I filed a request with a Health Dept, and they sent me an email detailing a $29 search fee and $2 in copying costs.I am happy to pay for copying costs, but is it within the confines of the law for them to charge me the search fee?Any info you can provide to me would be greatly appreciated.

Answer

Under the California Public Records Act (Government Code section 6250 et seq) a governmental entity is only entitled to the cost of running the copy machines and conceivably also the expense of the person operating it.The cost of duplication does not include the time spent retrieving, inspecting, and handling the file from which the copy is extracted.North County Parents Organization for Children with Special Needs v. Department of Education, 23 Cal. App. 4th 144, 146 (1994).In the North County case, the court expressly disapproved of a fee that reflected not only copying expenses, but also “staff time involved in searching the records, reviewing records for information exempt from disclosure under law, and deleting exempt information.”Thus, it appears that it is not within that particular Health Dept.’s powers to charge the $29 search fee detailed in your bill.

Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.