Posted on Jul 17, 1992 in Formal Opinions

Opinion Letter No. 92-09
July 17, 1992
Demurrage Fee Report Forms and Invoices

Demurrage fee report forms and invoices maintained by the Department of Transportation, Harbors Division, are government records that are public under the UIPA. Demurrage fees are incurred and paid by shipping companies that store their shipping containers on the State’s commercial docks. The demurrage fee report forms and invoices contain general information such as the length of time the shipping containers are left on the docks, the size of the containers, the code for the vessel from which the containers were unloaded, and the amount of demurrage fees incurred.

Because this information does not constitute “confidential commercial or financial information” within the meaning of the UIPA’s “frustration of a legitimate government function” exception, and because no other UIPA exception applies to the demurrage fee report forms and invoices, the OIP determined that upon request, these records must be made available for public inspection and copying under the UIPA.

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