Office of Information Practices

U Memo 12-5
June 12, 2012
Providing Records in the Format Requested;
Waiver of Copying Fees

Requester posed three questions to OIP: (1) whether the Department of Transportation, Harbors Division’s (DOT) response to Requester’s request for an electronic copy of records was proper, (2) whether Requester is entitled to an electronic copy of a mitigation plan with all fees waived, and (3) whether Requester is entitled to an electronic copy of an e-mail.

(1) DOT advised Requester that it does not maintain any records other than what had already been provided, thus OIP found that DOT has properly responded to this portion of the request.

(2) OIP found that Requester is entitled to an electronic copy of the mitigation plan. DOT advised Requester that he would be provided with an electronic copy of the mitigation plan after payment of copying fees. Because copying fees are not set by the UIPA or the rules implementing it, OIP does not have jurisdiction to opine whether DOT may deny Requester’s request for a waiver of copying fees.

(3) Requester is entitled to a copy of the e-mail in electronic format, as DOT has not presented facts to support a finding that it is unable to provide the e-mail in that format.