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NRS
239.052
Fees:
Limitations; waiver; posting of sign or notice.
1. Except as otherwise provided in this subsection, a
governmental entity may charge a fee for providing a copy of
a public record. Such a fee must not exceed the actual cost
to the governmental entity to provide the copy of the public
record unless a specific statute or regulation sets a fee
that the governmental entity must charge for the copy. A
governmental entity shall not charge a fee for providing a
copy of a public record if a specific statute or regulation
requires the governmental entity to provide the copy without
charge.
2. A governmental entity may waive all or a portion of a
charge or fee for a copy of a public record if the
governmental entity:
(a) Adopts a written policy to waive all or a portion
of a charge or fee for a copy of a public record; and
(b) Posts, in a conspicuous place at each office in
which the governmental entity provides copies of public
records, a legible sign or notice that states the terms of
the policy.
3. A governmental entity shall prepare and maintain a
list of the fees that it charges at each office in which the
governmental entity provides copies of public records. A
governmental entity shall post, in a conspicuous place at
each office in which the governmental entity provides copies
of public records, a legible sign or notice which states:
(a) The fee that the governmental entity charges to
provide a copy of a public record; or
(b) The location at which a list of each fee that the
governmental entity charges to provide a copy of a public
record may be obtained.
(Added to NRS by 1997, 2384)
NRS
239.053
Additional
fee for transcript of administrative proceedings; money
remitted to court reporter; posting of sign or notice.
1. If a person requests a copy of a transcript of an
administrative proceeding that has been transcribed by a
certified court reporter, a governmental entity shall
charge, in addition to the actual cost of the medium in
which the copy of the transcript is provided, a fee for each
page provided which is equal in amount to the fee per page
charged by the court reporter for the copy of the
transcript, as set forth in the contract between the
governmental entity and the court reporter. For each page
provided, the governmental entity shall remit to the court
reporter who transcribed the proceeding an amount equal to
the fee per page set forth in the contract between the
governmental entity and the court reporter.
2. The governmental entity shall post, in a
conspicuous place at each office in which the governmental
entity provides copies of public records, a legible sign or
notice which states that, in addition to the actual cost of
the medium in which the copy of the transcript is provided,
the fee charged for a copy of each page of the transcript is
the fee per page set forth in the contract between the
governmental entity and the court reporter.
(Added to NRS by 1997, 2385)
NRS
239.054
Additional
fee for information from geographic information system.
1. A fee for the provision of information from a
geographic information system may include, in addition to
the actual cost of the medium in which the information is
provided, the reasonable costs related to:
(a) The gathering and entry of data into the system;
(b) Maintenance and updating of the database of the
system;
(c) Hardware;
(d) Software;
(e) Quality control; and
(f) Consultation with personnel of the governmental
entity.
2. As used in this section, “geographic information
system” means a system of hardware, software and data files
on which spatially oriented geographical information is
digitally collected, stored, managed, manipulated, analyzed
and displayed.
(Added to NRS by 1997, 2385)
NRS
239.055
Additional
fee when extraordinary use of personnel or resources is
required.
1. Except as otherwise provided in
NRS 239.054 regarding information
provided from a geographic information system, if a request
for a copy of a public record would require a governmental
entity to make extraordinary use of its personnel or
technological resources, the governmental entity may, in
addition to any other fee authorized pursuant to this
chapter, charge a fee for such extraordinary use. Upon
receiving such a request, the governmental entity shall
inform the requester of the amount of the fee before
preparing the requested information. The fee charged by the
governmental entity must be reasonable and must be based on
the cost that the governmental entity actually incurs for
the extraordinary use of its personnel or technological
resources. The governmental entity shall not charge such a
fee if the governmental entity is not required to make
extraordinary use of its personnel or technological
resources to fulfill additional requests for the same
information.
2. As used in this section, “technological resources”
means any information, information system or information
service acquired, developed, operated, maintained or
otherwise used by a governmental entity.
(Added to NRS by 1997, 2384)
NRS
239.070
Use
of microfilm by county recorder for recording; Division to
provide microfilming or similar service; requirements; sale
of duplicate.
1. In lieu of or in addition to the method of
recording required or allowed by statute, the county
recorder may use microfilm for such recording.
2. The Division shall provide microfilming service to
any local government. The charge for the service must not
exceed the actual cost.
3. If microfilming is used:
(a) The microphotographs or micronegative films must
be properly indexed and placed in conveniently accessible
files. (b) Each film must
be designated and numbered.
(c) Provision must be made for preserving, examining
and using the films.
4. A duplicate of each such film must be made and
kept safely in a separate place.
5. Duplicates of each such film must be made
available by the county recorder for sale at a price not
exceeding cost upon the request of any person, firm or
organization. Subject to the approval of the board of county
commissioners, the county recorder may, at any time, make
additional duplicates of each such film available for sale
to the public at a price not exceeding cost.
6. The Division shall provide services for recording
other than microfilming to any local government if the
Division has the equipment necessary to provide the
services. The services provided are subject to the
requirements of this section relating to microfilming.
[3:135:1953]—(NRS A 1961, 393; 1973, 319; 1977, 456;
1979, 179; 1983, 1298; 1985, 464, 1689; 1993, 1538; 1997,
19;
2005, 1086)
PUBLIC
RECORDS REQUESTS
NRS
239.0107
Requests
for inspection or copying of public books or records:
Actions by governmental entities.
1. Not later than the end of the fifth business day
after the date on which the person who has legal custody or
control of a public book or record of a governmental entity
receives a written request from a person to inspect or copy
the public book or record, a governmental entity shall do
one of the following, as applicable:
(a) Allow the person to inspect or copy the public
book or record.
(b) If the governmental entity does not have legal
custody or control of the public book or record, provide to
the person, in writing:
(1) Notice of that fact; and
(2) The name and address of the governmental
entity that has legal custody or control of the public book
or record, if known.
(c) Except as otherwise provided in paragraph (d), if
the governmental entity is unable to make the public book or
record available by the end of the fifth business day after
the date on which the person who has legal custody or
control of the public book or record received the request,
provide to the person, in writing:
(1) Notice of that fact; and
(2) A date and time after which the public book
or record will be available for the person to inspect or
copy. If the public book or record is not available to the
person to inspect or copy by that date and time, the person
may inquire regarding the status of the request.
(d) If the governmental entity must deny the person’s
request to inspect or copy the public book or record because
the public book or record, or a part thereof, is
confidential, provide to the person, in writing:
(1) Notice of that fact; and
(2) A citation to the specific statute or other
legal authority that makes the public book or record, or a
part thereof, confidential.
2. The provisions of this section must not be
construed to prohibit an oral request to inspect or copy a
public book or record.
(Added to NRS by
2007, 2061)
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