From: Robert Freeman
Date: 9/24/98 8:17am
Subject: FOIL and transcripts of hearing -Reply
The issue has arisen in the past. It might be resolved easily if the agency is subject to the
State Administrative Procedure Act (SAPA). Section 302(2) states in relevant part that:
"Except when any statute provides otherwise, the agency is authorized to charge not more
than its cost for the preparation and furnishing of such record or transcript or any part
thereof, or the rate specified in the contract between the agency and a contractor if
prepared by a private contractor."
If SAPA doesn't apply, my feeling is that the Freedom of Information Law governs, and
that the agency is limited to charging 25 cents per photocopy. From my perspective, even
if prepared by a stenographer pursuant to a contract, the transcript would have been
prepared for an agency and would, therefore, constitute an agency "record" as that term is
defined in section 86(4) of the FOIL.
If you would like to discuss the matter, please feel free to call.