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A FOIA request can be made for any agency record. This does not mean,
however, that ESA will disclose every record sought, There are statutory
exemptions that authorize the withholding of information of an appropriately
sensitive nature. When ESA does withhold information from you, it ordinarily
must specify what exemptions of the FOIA permits the withholding. You should
be aware that the FOIA does not require agencies to do research for you,
to analyze data, to answer written questions, or to create documents that
can not be reproduced without a reasonable amount of effort. Please note
that ESA will respond to written requests received via the mail or via fax;
however, we will not accept a request via e-mail.
The Employment Standards Administration (ESA) is organized into a number
of different divisions at various locations around the country. Your request
will receive the quickest possible response if it is addressed directly
to the division and location that you believe has the records you are seeking.
If you know which division and location maintains the records you are seeking,
submit a written FOIA request to the
Disclosure Officer for that division and location. If you believe that ESA does
maintain the records you are seeking, and you know the division but not
the location which has the records, you can contact the
Disclosure Officer for that division in the National Office. If you believe that
ESA does maintain the records you are seeking but you do not know the division
which has the records, you may submit a written FOIA request to:
FOIA
Coordinator
U. S. Department of Labor - ESA
Room S-3201
200 Constitution Avenue, N.W.
Washington, D.C. 20210
You should including the notation "Attention: FOIA Request" on the front
of your request envelope and also at the beginning of your request letter.
In this way you will be sure that the responsible individual receives your
request without delay.
In making your request, identify the documents you want as clearly as
possible. The more precise and accurate the request, the more likely you
are to get a complete response. For example, include the following in your
request:
- Subject
- Office or Program that maintains the information
- Location of documents
- Time documents were probably created
- Case or file number, if applicable
- Your telephone number, e-mail address, and mailing addresst
- Fee information (see below)
Fee: The FOIA Disclosure Officer can charge fees for processing
FOIA requests. Therefore, specify the fee category in which you feel your
request falls and the amount you are willing to pay. The FOIA divides requesters
into four categories:
- Commercial use requesters, may be charged fees for searching for documents,
reviewing the documents, and duplication.
- Educational or noncommercial scientific institutions, may be charged
only for duplication, minus the first 100 pages.
- Representatives of the news media, may be charged only for duplication,
minus the first 100 pages.
- All other requesters, may be charged fees for searching for documents
and duplication, minus the first 2 hours of search time and the first
100 pages.
No charge will be made if the cost of collecting a fee would be equal
to or greater than the fee itself; for USDOL this amount is $5. In cases
where no documents are located, the Agency is entitled to charge the requester
for any applicable search time involved.
Fee Waivers: Fee waivers may be granted when disclosure of the
documents is in the public interest and is likely to contribute significantly
to public understanding of the operations or activities of the Government
and is not primarily in the commercial interest of the requester. When making
a request for a fee waiver, consider the following: (1) Does the document
concern the operations or activities of the government? (2) is disclosure
likely to contribute to the public understanding of these operations and
activities? and (3) will that contribution be significant? Requests for
fee waivers must be fully documented and justified by written explanation.
Appeals: A person whose initial FOIA request for documents has
been denied, either in part or in whole, or who has received a "no records"
response, or whose request for a fee waiver has been denied, has the right
to appeal the denial to the Solicitor of Labor within 90 days after receipt
of notification of the denial. Send an appeal to:
Solicitor
of Labor
U. S. Department of Labor
200 Constitution Avenue, N.W.
Washington, D. C. 20210
Time Limits: Agencies are required to respond to a FOIA request
within 20 business days, excluding Saturdays, Sundays, and legal holidays.
This period does not begin until the request is actually received by the
Disclosure Officer who has jurisdiction over the records sought. In specific
situations, an additional 10-day extension may be granted in responding
to a request. The FOIA provides for extensions of initial time limits under
unusual circumstances, which are defined as (1) the need to search for and
collect records from separate offices; (2) the need to examine a voluminous
amount of records required by the request; and (3) the need to consult with
another agency or agency component.
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