LETTERS: Copying Fees, What If I Think I\'ve Been Overcharged?

Some public agencies continue to charge illegally high copying fees, whether $\"6a00d8341bf7d953ef011570924c58970b-200wi\"$ it be the now repealed 75 cents per page, or an illegally high \”special service charge,\” or a flat fee for an audio or video recording instead of actual cost. If you think you\’re being charged an illegally high fee, but don\’t have the time to challenge the fee in Court or the GRC because you need the document right away, you do not waive your right to challenge the fee and receive a refund if you pay the fee. The notion that you\’re waiving your right by paying the fee is called the \”volunteer rule,\” and that rule is not applicable to OPRA. The case that made this finding is called Smith v. Hudson County Register, 411 N.J. Super. 538, 551-54 (Appellate Division 2010).

If you feel you\’ve been overcharged, you may file a complaint with the Government Records Council or initiate a lawsuit in Superior Court. Remember, while there is no statute of limitations in the GRC, the statute of limitations in Superior Court is 45 days.

Regards,

Walter Luers, Esq. President, NJFOG Office: 908-894-5656 Email: [email protected]

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