UIPA Memo 12-5
Providing Records in the Format Requested;
Waiver of Copying Fees
Requester posed three questions to OIP: (1) whether
the Department of Transportation, Harbors Division’s (DOT)
response to Requester’s request for an electronic copy of
records was proper, (2) whether Requester is entitled to an electronic
copy of a mitigation plan with all fees waived, and (3) whether
Requester is entitled to an electronic copy of an e-mail.
(1) DOT advised Requester that it does not maintain
any records other than what had already been provided, thus OIP
found that DOT has properly responded to this portion of the request.
(2) OIP found that Requester is entitled to an electronic
copy of the mitigation plan. DOT advised Requester that he would
be provided with an electronic copy of the mitigation plan after
payment of copying fees. Because copying fees are not set by the
UIPA or the rules implementing it, OIP does not have jurisdiction
to opine whether DOT may deny Requester’s request for a waiver
of copying fees.
(3) Requester is entitled to a copy of the e-mail
in electronic format, as DOT has not presented facts to support
a finding that it is unable to provide the e-mail in that format.