1 Tex. Admin. Code § 70.8 - Processing Complaints of Overcharges
(a)
Pursuant to §
552.269(a)
of the Texas Government Code, requestors who believe they have been overcharged
for a copy of public information may complain to the Attorney
General.
(b) The complaint must be
in writing, and must:
(1) Set forth the
reason(s) the person believes the charges are excessive;
(2) Provide a copy of the original request
and a copy of any correspondence from the governmental body stating the
proposed charges; and
(3) Be
received by the Attorney General within 10 business days after the person knows
of the occurrence of the alleged overcharge.
(4) Failure to provide the information listed
within the stated timeframe will result in the complaint being
dismissed.
(c) The
Attorney General shall address written questions to the governmental body,
regarding the methodology and figures used in the calculation of the charges
which are the subject of the complaint.
(d) The governmental body shall respond in
writing to the questions within 10 business days from receipt of the
questions.
(e) The Attorney General
may use tests, consultations with records managers and technical personnel at
the Attorney General and other agencies, and any other reasonable resources to
determine appropriate charges.
(f)
If the Attorney General determines that the governmental body overcharged for
requested public information, the governmental body shall adjust its charges in
accordance with the determination, and shall refund the difference between what
was charged and what was determined to be appropriate charges.
(g) The Attorney General shall send a copy of
the determination to the complainant and to the governmental body.
(h) Pursuant to §
552.269(b)
of the Texas Government Code, a requestor who overpays because a governmental
body refuses or fails to follow the charges established by the Attorney
General, is entitled to recover three times the amount of the overcharge if the
governmental body did not act in good faith in computing the charges.
Notes
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