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Alaska Public Records Act fee waivers: how to request and argue for them

Updated 2026-05-19. Plain-language guide; not legal advice.

What the Alaska PRA allows agencies to charge for

Under AS 40.25.110(c), Alaska agencies may charge for:

• Duplication — actual cost of copies (per-page, per-CD, per-flash-drive, etc.)
• Personnel time — staff time spent searching, reviewing, and redacting after the first five hours, which are free by statute
• Mailing — if you ask for paper copies sent by post

Agencies cannot charge for the first five hours of personnel time. That is a hard statutory floor and is the single most-ignored part of the fee statute. If you receive a fee quote that does not subtract the first five hours, push back.

The fee waiver standard: public interest, not commercial

AS 40.25.110(d) authorizes agencies to waive fees when "production of the requested record is primarily in the public interest and not primarily for commercial use." Both elements matter:

• Public interest means the records will meaningfully inform the public about the operations or activities of government. Journalism, civic research, watchdog work, and academic study generally qualify.
• Not primarily commercial does not preclude all financial purposes. Independent journalists, freelance researchers, and nonprofits all routinely receive waivers.

You will not get a waiver to compile mailing lists, prospect for litigation clients, or scrape data for resale.

How to write a fee waiver request that gets granted

Include the waiver request in your initial letter. Asking after the fact is harder. Make four points:

1. Cite the statute: "I request a waiver of fees under AS 40.25.110(d)."
2. Explain who you are and the public-interest purpose ("I am a freelance journalist examining how Mat-Su Borough manages its land sales...").
3. Affirm the non-commercial nature ("This research will be published in [outlet] and is not being conducted for resale or commercial use").
4. Offer to discuss scope ("If the records are substantial, I am happy to refine my request to keep production manageable.").

Three-paragraph waiver requests work. Don't write five pages — agency staff are reading dozens of these.

Sample fee waiver language

I request a waiver of fees under AS 40.25.110(d). The records sought
are primarily in the public interest: I am [identity / role] researching
[topic of broad public concern], and any resulting publication or
analysis will be made publicly available [where / through what outlet].
This request is not for commercial use.

If the records produce significant staff time, I would welcome a
conversation about narrowing the request to reduce the burden on
your office.

If the agency denies the waiver

Denials usually claim the request is for commercial use, that the public interest is too narrow, or — most commonly — they simply ignore the waiver request and send a fee quote. Three responses:

1. Ask in writing for the specific basis of the denial. Agencies are supposed to justify it.
2. Narrow the scope in exchange for the waiver — sometimes a half-loaf is the right deal.
3. Appeal, same path as a records denial: department head, then AG (for state agencies), then superior court.

Many waiver disputes settle when the requester credibly threatens to appeal. The cost to the agency of defending a refusal often exceeds the cost of just granting it.

Frequently asked questions

Who qualifies for a fee waiver under Alaska's PRA?

Requesters whose use is primarily in the public interest and not primarily commercial. Journalists, nonprofits, academic researchers, and civic watchdogs are typical recipients.

Does the agency have to grant a fee waiver?

No — the statute authorizes but does not require waivers. Denials are appealable on the same paths as record denials.