Fees and Waivers
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The Freedom of Information Act (FOIA) allows agencies to charge requesters fees for processing FOIA requests. These fees cover only the full allowable
direct costs of search, duplication, and review. No fees will be charged
when the average cost of collecting the fee (calculated at $5.00) exceeds
the amount of the fee. If you are concerned about costs, the FOIA
staff will give you an estimate of what your fees will be before they
process your request.
Payment procedures
The Board may assume that a person requesting records under FOIA will pay the applicable fees unless the request includes
a limitation on fees to be paid or seeks a waiver
or reduction of fees as appropriate. The fees assessed depend
upon the intended use for the records requested. In determining which
category is appropriate, the Board considers the intended use described
in the request for records. When a requester's description of the
use is insufficient to make a determination, the Board may seek additional
clarification before categorizing the request.
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Advance notification
of fees. If the estimated charges are likely to exceed $100, the FOIA Office will
notify the requester of the estimated amount, unless the requester has
indicated a willingness to pay fees as high as those anticipated. The deadline for processing and responding to requests will be suspended
until the fee issue is resolved.
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Advance payments. The Board may require advance payment of any fee estimated to exceed $250. The Board may also require full payment in advance when a requester has
previously failed to pay a fee. The deadline for processing and
responding to requests will be suspended until the fee issue is resolved.
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Late charges. The Board may assess interest charges when fee is not paid within
30 days of the date on which the bill was sent.
Fees for search and
review may be charged even if no documents in response to the request are located or if
the request is denied. A requester may not file multiple requests
at the same time to avoid payment of fees.
Fee waivers
A request for a waiver or reduction of the fees, and the justification for the waiver, will be included with the request for records to which it pertains.
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If a waiver is requested
and the requester has not indicated in writing an agreement to pay the
applicable fees if the waiver request is denied, the time for response
to the request for documents will not begin until a waiver has been granted or, if the waiver is denied,
until the requester has agreed to pay applicable fees.
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The Board will grant
a waiver or reduction of fees when it is determined both that the disclosure
is in the public interest and that it is likely to contribute significantly
to public understanding of the operations and activities of the government
and is not primarily in the commercial interest of the requester.
Fee Schedule
The fees assessed depend upon the intended use for the records requested. In determining which category is appropriate, the Board will look to the intended use set forth in the request for records.
Costs
Duplication
Photocopy, per standard page $0.10
Paper copies of microfiche, per frame $0.10
Duplicate microfiche, per microfiche $0.35
Search and review
Clerical or technical, hourly rate $20.00
Professional or supervisory, hourly rate $38.00
Manager or senior professional, hourly rate $65.00
Computer search and production
Computer operator search, hourly rate $32.00
Tapes (cassette), per tape $6.00
Tapes (cartridge), per tape $9.00
Tapes (reel), per tape $18.00
Diskettes (3-1/2¢¢), per diskette $4.00
Diskettes (5-1/4¢¢), per diskette $5.00
Computer output (PC), per minute $0.10
Computer output (mainframe), actual cost
Categories of use
Commercial
The fees for search, duplication, and review apply when records are requested for commercial use.
Education, research, or media
The fees for duplication apply when records are not sought for commercial use and the requester is a representative of the news media or an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research. The first 100 pages of duplication will be provided free.
Other
For all other requests, the fees for document search and duplication apply. The first two hours of search time and the 100 pages of duplication will be provided free.
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Last update: June 28, 2001
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