Frequently asked questions and notices about DWC transcripts and public records
Q: If there is a request for a copy of a board transcript, does the $100 fee also apply?
A: The $100 fee is to prepare a paper copy of a transcript of 33 pages or less. The fee for additional copies of the transcript is $1.50/per page fee plus tax and postage applies. See below for further information.
NOTICES REGARDING FEES FOR TRANSCRIPTS AND PUBLIC RECORDS
- Transcripts: Paper transcripts of any proceeding of record before workers’ compensation administrative law judges are only prepared upon request; transcripts are not prepared in every case when testimony is taken. The Division of Workers’ Compensation (DWC) charges $100.00 to order transcripts of 33 pages or less. For transcripts over 33 pages, the cost is $3.00 per page. If an additional copy of the transcript is requested, the cost is $1.50 per page. Sales tax and postage is added to these fees. The $100.00 fee is payable up front and any remaining balance must be paid prior to the transcript’s release.
- Public Records: Section 9990(e) allows DWC to charge $85.00 per hour to respond to requests made under the Public Records Act for electronic records.
The Public Records Act, stated in Government Code section 6253(b), permits an agency to charge a statutory fee for copies of public records, instead of the “direct costs of duplication.”
Labor Code section 127(a) provides that:
The administrative director may:
Charge and collect fees for copies of papers and records, for certified copies of official documents and orders or of the evidence taken or proceedings had, for transcripts of testimony, and for inspection of case files not stored in the place where the inspection is requested. The administrative director shall fix those fees in an amount sufficient to recover the actual costs of furnishing the services. No fees for inspection of case files shall be charged to an injured employee or his or her representative. (Emphasis added.)
The fees in section 9990 are consistent with the language of Labor Code section 127, which mandates setting fees in “an amount sufficient to recover the actual costs of furnishing the services.” The fees reflect DWC’s current “actual costs of furnishing the services” including staff time to perform research, downloading, redacting and transferring data and/or other records to storage media.
These charges stated in section 9990(e) do not apply to requests for copies of case documents contained in EAMS, unless the request requires a data sort necessitating research, programming and processing time in order to search for and extract documents from multiple case files.
The Copy Service Fee Schedule can be found here.
FAQs About the Copy Service Fee Schedule
August 2023