(a) When charged. A component shall charge fees pursuant to 31
U.S.C. 9701 and 5 U.S.C. 552a(f)(5) for the copying of records unless
the component, in its discretion, waives or reduces the fees for good
cause shown. A component shall charge fees at the rate of $0.15 per
page. In accordance with the provisions of the Freedom of Information
Act, the first 100 pages of copying shall be furnished without charge.
For materials other than paper copies, the component may charge the
direct costs of reproduction, but only if the requester has been
notified of such costs before they are incurred. Fees shall not be
charged where they would amount, in the aggregate, for one request or
for a series of related requests, to less than $15.00. Notwithstanding
any other provision of this paragraph, the first copy of an
individual's Privacy Act record shall be provided to the individual at
no cost.
(b) Notice of estimated fees amounting to between $25 to $250. When
a component determines or estimates that the fees to be charged under
this section may amount to between $25 to $250, the component shall
notify the requester as soon as practicable of the actual or estimated
amount of the fee, unless the requester has indicated in advance his
willingness to pay a fee as high as that anticipated.
(c) Notice of estimated fees in excess of $250. When a component
determines or estimates that the fees to be charged under this section
may amount to more than $250, the component shall notify the requester
as soon as practicable of the actual or estimated amount of the fee,
unless the requester has indicated in advance his willingness to pay a
fee as high as that estimated. If the fee is estimated to be in excess
of $250, then the agency may require payment in advance. (If only a
portion of the fee can be estimated readily, the component shall advise
the requester that the estimated fee may be only a portion of the total
fee.) Where the estimated fee exceeds $250 and a component has so
notified the requester, the component will be deemed not to have
received the request for access to records until the requester has paid
the anticipated fee, in full or in part. A notice to a requester
pursuant to this paragraph shall offer him the opportunity to confer
with Department personnel with the object of reformulating his request
to meet his needs at a lower cost.
(d) Form of payment. Requesters must pay fees by cash, check or
money order payable to either the Treasury of the United States, or the
U.S. Department of Labor. However, the Department shall not require
advance payment in any case where the fee is under $250, except that
where a requester has previously failed to pay a fee charged under this
part, the requester must pay the component or the Department the full
amount owed and make an advance deposit of the full amount of any
estimated fee before a component shall be required to process a new or
pending request for access from that requester.
