SECTION 800.6. Charges for Copies of Public Records

(a) General Procedure. Except as otherwise specified in this chapter, for public information requests under Texas Government Code, Chapter 552, the Commission hereby adopts by reference the definitions, methods, procedures, and charges for copies of public records required under the Office of the Attorney General rules (1 TAC, Part 3, Chapter 70), as may be amended.

(b) Written requests may be submitted:

(1) in person or by mail addressed to: Officer for Public Information, Texas Workforce Commission, 101 East 15th Street, Austin, Texas 78778-0001; or

(2) by e-mail or facsimile to designated e-mail addresses and facsimile numbers on the Agency's Web page.

(c) Standard Fees. The Commission may establish a standard fee for the handling of common categories of requests that the Commission frequently receives when the costs of responding to such requests are substantially similar in most cases.

(d) Adjustments for Actual Cost. In the event that the actual costs of responding to a given request are significantly lower or higher than the standard fee charged for that type of request, actual costs will be charged in lieu of the standard fee.

(e) Unemployment Insurance-Related Requests.

(1) Unemployment insurance (UI)-related records are exempt from Texas Government Code, Chapter 552.

(2) No charge will be assessed to an individual or an employing unit for copies of records pertaining to that individual or employing unit when the provision of records is deemed by the Commission to be reasonably required for the proper administration of the Texas Unemployment Compensation Act (Texas Labor Code, Title 4, Subtitle A).

(3) UI-related requests for purposes other than the administration of the Texas Unemployment Compensation Act shall be assessed a fee.

(f) Requests by Other Governmental Entities. Notwithstanding any other provision in this section, provision of information to other governmental agencies for purposes other than the administration of the Texas Unemployment Compensation Act will be made only on a cost reimbursable basis, with all costs being calculated in accordance with OMB Circular A-87, consistent with generally accepted accounting principles or applicable regulations including, but not limited to, 20 C.F.R. §603.1 et seq. Charges to other governmental entities can be waived only when the request is of an isolated or infrequent nature and when the costs of responding to a particular request are negligible.

(g) Certified Records. In addition to the fees the Commission may charge for providing copies of records, the Commission shall charge a fee of $15.00 for preparation of a certification instrument, which may be attached to one or more pages of records covered by the certification instrument.

Source Note: The provisions of this §800.6 adopted to be effective August 20, 2000, 25 TexReg 7779; amended to be effective February 12, 2007, 32 TexReg 552; amended to be effective February 7, 2011, 36 TexReg 592