B. Fee Waiver Requests - Missouri Coalition for the Environment

B. Fee Waiver Requests

Missouri Sunshine Law Fee Waivers

Typically, you must pay to complete a Sunshine request. However, Section 610.026(1) of the Missouri Sunshine Law authorizes records requests to be completed without charge or at a reduced charge when the request is “in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body.”

There is not an option to request a fee waiver through DNR’s online request form, but you may mark that you would like to be contacted if the fee to complete your request exceeds a certain amount. In a written request, you will include a statement that you request all fees associated with filling the request be waived. To demonstrate that your request will serve public interests, you should also include a brief explanation of how you will use the information you expect to obtain through the request and why that information will be beneficial. For example:

“MCE is a non-profit, grassroots, citizen action group which is dedicated, in part, to educating its members by providing awareness of governmental operations and activities. MCE maintains a website, prepares a regular newsletter, sends e-alerts and holds community meetings regarding environmental issues of concern to its members and the general public. MCE uses its capacity to make complex legal and factual information available to the public. This request will significantly contribute to the public’s understanding of Concentrated Animal Feeding Operations (CAFOs), their compliance with state policies, and regulatory oversight.”

Fee waivers are not always accepted. However, individuals and organizations reserve the right to appeal a denied fee waiver and narrow or otherwise modify their request if the expected copying fees are in excess of a specified amount.

Freedom of Information Act Fee Waivers

There is no fee required to submit a FOIA request, however the agency may charge for the time it takes to complete the request. Different agencies may charge different rates for completing requests depending on hourly staff wages and other factors. There is usually no charge for the first two hours or 100 pages of duplication towards completing the request; so it pays to make your request as precise as possible to get what you want in as quick a time as possible.

You may specify the maximum amount that you are willing to pay to complete your request.The online FOIA request form provides a ‘Yes/No’ option to request a fee waiver and a fill-in-the blank box to specify the maximum amount you are willing to pay to complete the request. The agency is expected to notify you if they anticipate that completing the request will exceed this amount and offer you a chance to narrow or otherwise modify the request. If you agree to a certain fee, you may be expected to pay it even if the records you request can not be found.

The same general guidelines for a Sunshine request fee waiver apply for FOIA requests:

“Under the FOIA, fee waivers are limited to situations in which a requester can show that the disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester.”

Therefore, you will want to include a statement demonstrating that your request will serve public interests (like the example for a Sunshine request above). See the Office of Information Policy’s FOIA FAQ page for more details about submitting your request and fee waiver.