Ga. Comp. R. & Regs. R. 80-10-1-.04 - Reimbursement for Cost of Production of Records
(1) A financial institution shall be
reimbursed for costs which are reasonably necessary and which have been
directly incurred in searching for, reproducing or transporting books, papers,
records or other data of a customer required or requested to be produced
pursuant to a lawful subpoena, summons, warrant or court order where the
financial institution is not a party to the action or in cases of garnishment
or attachment of funds held by the financial institution. Such costs shall be
reasonably determined according to time spent, materials provided, and
personnel level required, and any pertinent state law.
(2) Allowable reimbursements for costs
incurred on the request of a state government or state law enforcement agency,
other than the Department of Banking and Finance, are as follows:
(a) Search and processing costs for time
spent in locating, retrieving, reproducing and preparing records shall be
reimbursed at actual cost but in no event in excess of $15 per hour per
person.
(b) Reproduction costs
incurred in making copies of documents shall be reimbursed at 25 cents per
page. Photographs, films and other material shall be reimbursed at actual
costs.
(c) Transportation costs
which are necessary to transport personnel to locate and retrieve material, or
transportation costs necessary to convey the material to the place of
examination shall be reimbursed at actual cost.
(3) Conditions for Payment:
(a) Actual, reasonable cost shall be
reimbursed.
(b) Costs are
reimbursable only if they are directly incurred as a consequence of searching
for, reproducing or transporting customer's financial records.
(4) Documentation---The financial
institution shall provide to the person requesting such records an itemized
invoice indicating in specific detail the searching and processing,
reproduction, and transportation costs.
(5) Advances and Payment of Costs:
(a) Within five business days of service, the
financial institution may mail or deliver to the party for whom the documents
are to be produced a reasonable written estimate of the costs that will be
incurred in making the production; and, after so giving such an estimate, the
amount of such estimate shall be paid as an advance to the financial
institution before it begins the production.
(b) Upon making the production or upon being
released from the obligation to do so, the financial institution will submit
the invoice required by (4) above and refund any excess received as an advance.
The party for whom the documents are to be produced shall, upon the submission
of the invoice, pay to the financial institution any amount not covered by an
advance.
(c) The amount of any
advance and the amount invoiced shall be subject to review by a court of
competent jurisdiction after giving due notice and hearing to the financial
institution.
(6) The
Department of Banking and Finance may waive or modify the provisions of this
Regulation
80-10-1-.04 whenever in its opinion
the financial burden on any public agency or official prohibits proper access
to records necessary to any criminal investigation or prosecution in this
State.
(7) Certain federal laws and
regulations may apply to production of documents to a federal government
agency.
Notes
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