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Rule 4-202.08. Fees for records, information, and services.


To establish uniformfees for requests for records, information, and services.


This rule applies to allcourts of record and not of record and to the Administrative Office of theCourts. This rule does not apply to the Self Help Center.

Statement of the Rule:

(1) Fees payable. Feesare payable to the court or office that provides the record, information, orservice at the time the record, information, or service is provided. Theinitial and monthly subscription fee for public online services is due inadvance. The connect-time fee is due upon receipt of an invoice. If a public onlineservices account is more than 60 days overdue, the subscription may beterminated. If a subscription is terminated for nonpayment, the subscriptionwill be reinstated only upon payment of past due amounts and a reconnect feeequal to the subscription fee.

(2) Use of fees. Feesreceived are credited to the court or office providing the record, information,or service in the account from which expenditures were made. Fees for public onlineservices are credited to the Administrative Office of the Courts to improvedata quality control, information services, and information technology.

(3) Copies. Copies aremade of court records only. The term "copies" includes the originalproduction. Fees for copies are based on the number of record sources to becopied and are as follows:

(3)(A) paper except asprovided in (H): $.25 per sheet;

(3)(B) microfiche: $1.00 per card;

(3)(C) audio tape: $10.00 per tape;

(3)(D) video tape: $15.00 per tape;

(3)(E) floppy disk or compact disk other than of court hearings:$10.00 per disk;

(3)(F) electronic copy of court reporter stenographic text: $25.00for each one-half day of testimony or part thereof;

(3)(G) electronic copy of audio record or video record of courtproceeding: $10.00 for each one-half day of testimony or part thereof; and

(3)(H) pre-printed forms and associated information: an amount foreach packet established by the state court administrator.

(4)(A) Mailing. The feefor mailing is the actual cost. The fee for mailing shall include necessarytransmittal between courts or offices for which a public or private carrier isused.

(4)(B) Fax or e-mail.The fee to fax or e-mail a document is $5.00 for 10 pages or less. The fee foradditional pages is $.50 per page. Records available on Xchange will not be faxed or e-mailed.

(5) Personnel time.Personnel time to copy the record of a court proceeding is included in the copyfee. For other matters, there is no fee for the first 15 minutes of personneltime. The fee for time beyond the first 15 minutes is charged in 15 minuteincrements for any part thereof. The fee for personnel time is charged at thefollowing rates for the least expensive group capable of providing the record,information, or service:

(5)(A) clerical assistant: $15.00 per hour;

(5)(B) technician: $22.00 per hour;

(5)(C) senior clerical: $21.00 per hour

(5)(D)programmer/analyst: $32.00 per hour;

(5)(E) manager: $37.00 per hour; and

(5)(F) consultant: actual cost as billed by the consultant.

(6) Public onlineservices.

(6)(A) The fee tosubscribe to public online services shall be as follows:

(6)(A)(i) a set-up fee of $25.00;

(6)(A)(ii) a subscription fee of $30.00 per month for any portion of acalendar month; and

(6)(A)(iii) $.10 foreach search over 200 during a billing cycle. A search is counted each time thesearch button is clicked.

(6)(B) Whennon-subscription access becomes available, the fee to access public onlineservices without subscribing shall be a transaction fee of $5.00, which willallow up to 10 searches during a session.

(6)(C) The fee to accessa document shall be $.50 per document.

(7) No interference.Records, information, and services shall be provided at a time and in a mannerthat does not interfere with the regular business of the courts. TheAdministrative Office of the Courts may disconnect a user of public onlineservices whose use interferes with computer performance or access by otherusers.

(8) Waiver of fees.

(8)(A) Fees establishedby this rule other than fees for public online services shall be waived for:

(8)(A)(i) any government entity of Utah or its political subdivisionsif the fee is minimal;

(8)(A)(ii) any person who is the subject of the record and who isimpecunious; and

(8)(A)(iii) a student engaged in research for an academic purpose.

(8)(B) Fees for publiconline services shall be waived for:

(8)(B)(i) up to 10,000searches per year for a news organization that gathers information for theprimary purpose of disseminating news to the public and that requests a recordto obtain information for a story or report for publication or broadcast to thegeneral public;

(8)(B)(ii) any government entity of Utah or its political subdivisions;

(8)(B)(iii) the Utah State Bar;

(8)(B)(iv) public defenders for searches performed in connection withtheir duties as public defenders; and

(8)(B)(v) any person or organization who the XChangeadministrator determines offers significant legal services to a substantialportion of the public at no charge.