The Department will respond to requests for access to records
within ten days of receipt of such request. The initial response will specify
whether access will be granted, and state whether the record is available
through routine search or whether a significant amount of time will be required
to search and/ or delete from the record data or information not available for
public disclosure. If the records requested are not in control of the
Department, or if they are in storage, the requesting party shall be so
notified.
(a) In any situation where a
record within the Department's control is available for public disclosure, but
a portion of the data or information contained in the record is not available
for such disclosure (e.g., it contains a trade secret or confidential
information), the portion that is not available for disclosure will be deleted
before the document is disclosed to the public.
(b) The Insurance Department will make every
reasonable effort to comply fully with all requests for disclosure for records.
Nonspecific requests or requests for a large number of documents that require
the deployment of a substantial amount of Department man-hours to search and
compile will be processed taking into account the man-hours required, the tasks
from which these resources must be diverted, and the impact that this diversion
will have upon the Department's statutory activities. If the request is so
nonspecific or for such a large number of documents that a response will divert
Department personnel from their other duties for a substantial period of time,
the Department may inquire whether a more specific or less burdensome request
can be made.
(c) The Department in
its initial response will estimate the cost of providing the record in a form
disclosable to the requesting party. If the estimation entails significant cost
to the requesting party the Department will inquire whether the requesting
party wishes the Department to conduct the search and associated activities
necessary to make the records available for public disclosure. Costs incurred
by the Department in providing records in disclosable form will be assessed to
the requesting party and shall include:
(i)
Routine search for records and deletion of nondisclosable data and information:
$6 per hour. Where time is required to be spent by higher salaried
professional, managerial, or program personnel in searching for or producing
requested documents or in deleting nondisclosable data and information, special
rates approximating the cost to the agency of such services will be determined
and charged. (In determining these rates, the man-hours spent by such personnel
will be taken into account.)
(ii)
Reproduction, duplication, or copying of records: 50 cents per page.
(iii) Reproduction, duplication, or copying
of microfilm: $ 1 per microfilm frame and $1 per microfiche.
(iv) Certification or authentication of
records: $5 per certification.
(v)
Forwarding material to destination: Postage, insurance, and other related costs
will be charged on an actual cost basis.
(vi) If fees other than those stated above
are specifically provided by law, those other fees shall apply.
(d) The payment of fees may be
waived by the Insurance Commissioner on an adequate showing that the person
making the request is indigent.
(e)
In the event that a request for record copying is deemed to interfere with the
efficient operation of the Department, the records may be furnished to another
entity for copying. If so the actual costs to the Department will be assessed
to the requesting party.
(f) The
costs stated in subsection (c) and (f) above shall be paid by the requesting
party [unless waived under subsection (e)] before records are provided to the
requesting party.
