Che, Sicheng v. Department of Occupational Licensure (SPR 20260640)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records March 4, 2026 SPR26/0640 Malav Patel, Esq. Assistant General Counsel for Public Affairs Division of Occupational Licensure One Federal Street, 6th floor Boston, MA 02110 Dear Attorney Patel: On February 25, 2026, this office received your petition on behalf of the Division of Occupational Licensure (Division) seeking permission to charge for time spent segregating or redacting responsive records. G. L. c. 66, § 10(c); G. L. c. 66, § 10(d)(iv); see also 950 C.M.R. 32.06(4). As required by law, it is my understanding that the Division furnished a copy of the petition to the requestor, Sicheng Che. G. L. c. 66, § 10(c); G. L.c. 66, § 10(d)(iv)(2). On February 10, 2025, Mr. Che requested, “…public records of Elevator Forms, ‘Certificates for Use of Elevators, Elevator Incident Reports, and inspection records performed for elevators registered at [identified addresses].” Petition to Assess Fees – Agencies A fee shall not be assessed for time spent segregating or redacting records unless such segregation or redaction is required by law or approved by the Supervisor of Records (Supervisor) under a petition under G. L. c. 66, § 10 (d)(iv). See G. L. c. 66, § 10(d)(ii); 950 C.M.R. 32.06(4). In rendering such a decision, the Supervisor is required to consider the following: a) the public interest served by limiting the cost of public access to the records; b) the financial ability of the requestor to pay the additional or increased fees; and c) any other relevant extenuating circumstances. G. L. c. 66, § 10(d)(iv). The statute sets out a two-prong test for determining whether the Supervisor may approve an agency’s petition to allow the agency to charge for time spent segregating or redacting records. The first prong is whether the request for records was made for a commercial purpose. G. L. c. 66, § 10(d)(iv). It is my determination that this request was not made for a commercial purpose. One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Malav Patel, Esq. SPR26/0640 Page 2 March 4, 2026 The second prong of the test is whether the fee represents an actual and good faith representation by the agency to comply with the request. The Supervisor must consider 1) if the fee is necessary such that the request could not have been prudently completed without the redaction or segregation; 2) the amount of the fee is reasonable; and 3) the fee is not designed to limit, deter or prevent access to requested public records. Id. Petitions seeking a waiver of statutory limits to fees assessed to segregate and/or redact public records must be made within ten business days after receipt of a request for public records. 950 C.M.R. 32.06(4)(g). Fee Estimates – Agencies An agency may assess a reasonable fee for the production of a public record except those records that are freely available for public inspection. G. L. c. 66, § 10(d). The fees must reflect the actual cost of complying with a particular request. Id. A maximum fee of five cents ($.05) per page may be assessed for a black and white single or double-sided photocopy of a public record. G. L. c. 66, § 10(d)(i). Agencies may not assess a fee for the first four (4) hours of employee time to search for, compile, segregate, redact or reproduce the record or records requested. G. L. c. 66, § 10(d)(ii). Where appropriate, agencies may include as part of the fee an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce a record requested, but the fee shall not be more than $25 per hour. Id. Current Petition In its petition, the Division requests permission “to assess a fee…” In support of its petition, the Division provides the following information: As noted, the Public Records Law authorizes a state agency to charge a reasonable fee for the production of public records. See G.L. c. 66, § 10(d); 950 CMR 32.07(2)(a). The Division may charge an hourly rate equal to or less than the hourly rate attributed to the lowest paid employee who has the necessary skill required to search for, compile, segregate, redact or reproduce the record(s) requested, but the fee shall not be more than $25.00 per hour. G.L. c. 66, § 10(d)(ii). The Division may only charge an hourly rate to segregate or redact records if such segregation or redaction is required by law or approved by the Supervisor of Records under a petition under G.L. c. 66 § 10(d)(iv). Presently, the Department does not have an employee with such necessary skill who is paid less than $25.00 per hour. Consistent with the Public Records Law, the first four (4) hours of personnel work are free of charge, which you have already exhausted; thereafter an hourly rate of $25.00 will be charged. G.L. c. 66, § 10(d)(ii); 950 CMR.

Malav Patel, Esq. SPR26/0640 Page 3 March 4, 2026 In an email correspondence to this office on March 3, 2026, the Division stated it requests permission to segregate and redact under “Exemptions (c) and (f). . . .” I find the Division has not met its burden to explain how the response could not be prudently completed without redaction or segregation. Consequently, permission to charge for time spent segregating or redacting responsive records cannot be granted. Please note, however, this does not preclude the Division from charging for segregation and redaction that is required by law. Conclusion Accordingly, I find the Division has not met its burden to explain how the response could not be prudently completed without redaction or segregation. Please note, however, this does not preclude the Division from charging for segregation and redaction that is required by law. Further, this office encourages Mr. Che and the Division to continue to communicate to facilitate providing records more efficiently and affordably. See G. L. c. 66, § 10(b)(vii)(a municipality or agency shall suggest a reasonable modification of the scope of the request or offer to assist the requestor to modify the scope of the request if doing so would enable the municipality or agency to produce records sought more efficiently and affordably). Sincerely, Manza Arthur Supervisor of Records cc: Sicheng Che