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Ohio Laws and Rules
(A) Except as provided in this rule or in section 9.02 of the Revised Code, any party, including a governmental authority, that requires or requests a savings bank to assemble or provide a customer’s financial records shall pay the savings bank for all actual and necessary costs directly incurred in searching for, reproducing, or transporting these records according to the following schedule:
(1) Reimbursement of search and processing costs shall be the total amount of personnel direct time incurred in locating and retrieving, reproducing, packaging, and preparing financial records for shipment. The rate for search and processing costs is ten dollars per hour per person, computed on the basis of two dollars and fifty cents per quarter hour or fraction thereof. Specific salaries of such persons shall not be included in search costs. In addition, search and processing costs do not include salaries, fees, or similar costs for analysis of material or for managerial or legal advice, expertise, research, or time spent for any of these activities. If itemized separately, search and processing costs may include the actual cost of extracting information stored by computer in the format in which it is normally produced, based on computer time and necessary supplies; however, personnel time for computer search may be paid for only at the rate specified in this paragraph;
(2) Reimbursement for reproduction costs shall be for costs incurred in making copies of documents required or requested. The rate for reproduction costs for making copies of required or requested documents is fifteen cents for each page. Other materials are reimbursed at actual cost; and
(3) Reimbursement for transportation costs shall be for necessary costs directly incurred to transport personnel to locate and retrieve the information required or requested, and necessary costs directly incurred solely by the need to convey the required or requested material to the place of examination.
(B) A savings bank is not entitled to reimbursement under this rule for costs incurred in assembling or providing the following records or information:
(1) Any financial records provided as an incident to perfecting a security interest, providing a claim in bankruptcy, or otherwise collecting on a debt owing either to the savings bank itself or in its role as a fiduciary; or
(2) Financial records that are not identified with or identifiable as being derived from the financial records of a particular customer.
(C) Payment shall be made only for costs that are directly incurred, actual, and necessary. No payment must be made until the savings bank satisfactorily complies with the request or requirement, except that in the case where the request or requirement is withdrawn or revoked, the savings bank shall be reimbursed for the actual and necessary costs directly incurred in assembling financial records required or requested to be produced prior to the time the party notifies the savings bank that the request or requirement is withdrawn or revoked. No payment must be made unless the savings bank submits an itemized bill or invoice showing specific details concerning search and processing, reproduction, and transportation costs.
(D) For the purposes of this rule, the term “costs directly incurred” means costs incurred solely and necessarily as a consequence of searching for, reproducing, or transporting books, papers, records, or other data, in order to comply with a request or requirement to produce a customer’s financial records. The term does not include any allocation of fixed costs (overhead, equipment, depreciation, etc.). If a savings bank has financial records that are stored at an independent storage facility that charges a fee to search for, reproduce, or transport particular records requested, these costs are considered to be directly incurred by the savings bank.
(E) Where terms used in this rule are defined in section 9.02 of the Revised Code, they shall have the meaning set forth in that section.
HISTORY: Eff 11-17-91; Replaces 1301:12-1-11, eff. 6-3-04
Rule promulgated under: RC 119.03
Rule authorized by: RC 1163.24
Rule amplifies: RC 9.02
R.C. 119.032 review dates: 05/24/2009