The Delaware Public Archives (Archives) is issuing this revised policy for use by all agencies in state and local government in Delaware. The purpose is to provide agencies with updates in the Archives’ policy concerning agency requests for public records held by the Archives and charges for those requests based upon the Archives’ Fee Schedule. Historically, the Archives’ policy was to provide government agencies with requested public records without charge. To offset increasing costs of labor and materials in fulfilling agency requests for public records, the Archives is modifying its policy.

Authority and Background

The Archives is legally responsible and authorized to administer, implement and enforce all provisions of the Delaware Public Records Law and to establish and enforce policies and guidelines for the management and preservation of all public records of the State of Delaware and the political subdivisions thereof, and to serve as the repository for the archival records of the State and political subdivisions. 29 Del. C. § 8706; 29 Del. C. Ch. 5.

Before this policy change, benchmarking with other regional state archive departments revealed the common practice of charging state agencies 50% to 100% of the rates stated in that jurisdiction’s public record fee schedule to balance costs of labor and materials for state archives when fulfilling requests for public records. This change to the Archives’ existing policy is necessary due to ongoing increased costs and aligns with the practices of other states.

Applicability and Charges

This policy applies to all requests of State and local government agencies for public records held by the Archives. State and political subdivision agencies requesting copies of public records held by the Archives will be charged the current rates in the standard public Fee Schedule.

Upon fulfilling a request, the Archives will submit invoices to the agency. To facilitate billing, agency representatives will be asked to provide a contact name, email address, agency name, and budget code. Failure to provide this information, or complete or accurate information, will prevent the Archives from fulfilling future requests.

Requests exceeding 50 pages will be delivered digitally.

For current rates and additional information, please refer to the Delaware Public Archives Fee Schedule on the Requesting Records page. Questions may be directed to archives@delaware.gov.

Effective: March 1, 2026

Approved by: Director and State Archivist

References

Delaware Public Records Law: 29 Del. C. Ch. 5