Attorney General's Opinion 1979-80 #386

VIRGINIA FREEDOM OF INFORMATION ACT. RECORDS DISCLOSURE. ADVANCE CHARGES FOR COPIES.

September 6, 1979

The Honorable Bernard G. Barrow
Member, House of Delegates

79-80 386

You have asked whether a public body may require advance payment of charges for supplying copies of official records to citizens who request the same under the Virginia Freedom of Information Act (the "Act").

The Act provides that a public body may make reasonable charges for supplying copies of official records, not to exceed the actual cost of providing the requested records. The Act also requires the public body to estimate in advance the amount of any charges if the citizen seeking the records requests an estimate. See §2.1-342(a) of the Code of Virginia (1950), as amended. The Act is silent, however, regarding collection of such charges by public bodies, leaving this matter to the administrative discretion of the public body supplying the records. I am of the opinion that so long as the public body does not unlawfully limit access to official records, it may employ any reasonable means for collecting charges for supplying copies, including the requirement of advance payment of charges where they are subject to advance determination.