Question
May the state agency waive copying fees for documents sent to me; I can’t find this in the CPRA. Doing this there is no record of the number of documents I received other than what I have in my possession. Additionally, I asked to inspect and review manuals – it’s not possible for a manual to fit in this box. A previous CPRA request made by me to this agency was answered with documents which were obviously already public (internet and publications) rendering the appearance of a request for documents that were already public accompanied by a waiver of fees. Those documents did not answer the request.
Answer
Under the PRA, agencies can waive the duplication fee for providing copies of public records. Moreover, section 6253(b) of the California Government Code provides that “upon a request for a copy of records,” agencies shall make them “promptly available to any person upon payment of fees covering direct costs of duplication” (emphasis added). If your request was only to inspect records rather than for copies of them, then you might have a reasonable argument — should the agency demand payment for the copies — that you never requested the copies in the first place. It is also possible that the agency has waived the duplication fee, as you suggested.In any event, if you are concerned that the agency will demand payment for copies if you open the box, you might simply clarify the situation by contacting the agency before you open it.
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.