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CC RES 98-038 RESOLUTION SETTING A FEE FOR POLICE REPORTS
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CC RES 98-038 RESOLUTION SETTING A FEE FOR POLICE REPORTS
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4/19/2016 2:42:02 PM
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4/19/2016 2:42:01 PM
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26
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RES 1998
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CC RES 98-038 RESOLUTION SETTING A FEE FOR POLICE REPORTS
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use. Photographic,photostatic,microphotographic,or microfilmed records shall be considered as <br /> • accessible for convenient use regardless of the size of such records. <br /> Subd.2. Procedures. The responsible authority in every state agency, political subdivision,and <br /> statewide system shall establish procedures,consistent with this chapter,to insure that requests for <br /> government data are received and complied with in an appropriate and prompt manner. Full convenience <br /> and comprehensive accessibility shall be allowed to researchers including historians,genealogists and <br /> other scholars to carry out extensive research and complete copying of all records containing government <br /> data except as otherwise expressly provided by law. <br /> A responsible authority may designate one or more designees. <br /> Subd.3. Request for access to data. Upon request to a responsible authority or designee,a <br /> person shall be permitted to inspect and copy public government data at reasonable times and places, <br /> and,upon request,shall be informed of the data's meaning. If a person requests access for the purpose of <br /> inspection,the responsible authority may not assess a charge or require the requesting person to pay a fee <br /> to inspect data. The responsible authority or designee shall provide copies of public data upon request. <br /> If a person requests copies or electronic transmittal of the data to the person,the responsible authority <br /> may require the requesting person to pay the actual costs of searching for and retrieving government <br /> data, including the cost of employee time,and for making,certifying,compiling,and electronically <br /> transmitting the copies of the data or the data, but may not charge for separating public from not public <br /> data. If the responsible authority or designee is not able to provide copies at the time a request is made, <br /> copies shall be supplied as soon as reasonably possible. <br /> When a request under this subdivision involves any person's receipt of copies of public <br /> government data that has commercial value and is a substantial and discrete portion of or an entire <br /> formula,pattern,compilation,program,device,method,technique,process,database,or system <br /> developed with a significant expenditure of public funds by the agency,the responsible authority may <br /> charge a reasonable fee for the information in addition to the costs of making,certifying,and compiling <br /> the copies. Any fee charged must be clearly demonstrated by the agency to relate to the actual <br /> development costs of the information. The responsible authority,upon the request of any person,shall <br /> provide sufficient documentation to explain and justify the fee being charged. <br /> If the responsible authority or designee determines that the requested data is classified so as to <br /> deny the requesting person access,the responsible authority or designee shall inform the requesting <br /> person of the determination either orally at the time of the request,or in writing as soon after that time as <br /> possible,and shall cite the specific statutory section,temporary classification,or specific provision of <br /> federal law on which the determination is based. Upon the request of any person denied access to data, <br /> the responsible authority or designee shall certify in writing that the request has been denied and cite the <br /> specific statutory section,temporary classification,or specific provision of federal law upon which the <br /> denial was based. <br /> Subd.4. Change in classification of data: effect of dissemination amongRgen ies. (a)The <br /> classification of data in the possession of an agency shall change if it is required to do so to comply with <br /> either judicial or administrative rules pertaining to the conduct of legal actions or with a specific statute <br /> applicable to the data in the possession of the disseminating or receiving agency. <br /> 4 <br />
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