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Rule4-202.08. Fees for records, information, and services.

 

Intent:

Toestablish uniform fees for requests for records, information, and services.

 

Applicability:

This rule applies to all courts of record and not of record and tothe Administrative Office of the Courts. This rule does not apply to the SelfHelp 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 publiconline services 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 publiconline services are credited to the Administrative Office of the Courts toimprove data 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 diskor compact disk other than of court hearings: $10.00 per disk;

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

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

(3)(H) pre-printed forms and associated information: anamount for each 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 online services.

(6)(A) The fee tosubscribe to Xchange shall be as follows:

(6)(A)(i) a set-up fee of$25.00;

(6)(A)(ii) a subscriptionfee of $40.00 per month for any portion of a calendar month; and

(6)(A)(iii)$.15 for each search over 500 during a billing cycle. A search is counted eachtime the search button is clicked.

 

(6)(B) When non-subscription access becomes available, the fee toaccess public online services without subscribing shall be a transaction fee of$5.00, which will allow 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 manner that doesnot interfere with the regular business of the courts. The AdministrativeOffice of the Courts may disconnect a user of public online services whose useinterferes with computer performance or access by other users.

 

(8)Waiver of fees.

 

(8)(A) Fees established by this rule other than fees for publiconline services shall be waived for:

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

(8)(A)(ii) any personwho is the subject of the record and who is impecunious; and

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

 

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

(8)(B)(i) up to 10,000 searches per year for a news organizationthat gathers information for the primary purpose of disseminating news to thepublic and that requests a record to obtain information for a story or reportfor publication or broadcast to the general public;

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

(8)(B)(iii) the UtahState Bar;

(8)(B)(iv) public defenders for searches performed inconnection with their duties as public defenders; and

(8)(B)(v) any person or organization who the XChange administrator determines offers significantlegal services to a substantial portion of the public at no charge.

 

EffectiveSeptember 1, 2020