PORTLAND DISTRICT

A record is defined as a book, paper, map, photograph or machine readable materials, inclusive of those in electronic form or format.

All requesters must confirm a willingness to pay fees regardless of the fee category, however, this does not mean you will be charged fees. Except for commercial requesters whose fees total more than $15, waivers are always considered. Fee waivers may be granted when disclosure of the records is in the public interest. Many requests for documents under the "other" category fall under the 100 pages given free or under the minimum charge amount set by the agency. A requester may include a maximum amount and ask the FOIA Officer to call them prior to going over the set amount.

All requesters must confirm a willingness to pay fees regardless of the fee category, however, this does not mean you will be charged fees. Except for commercial requesters whose fees total more than $15, waivers are always considered.

Fee waivers may be granted when disclosure of the records is in the public interest. Many requests for documents under the "other" category fall under the 100 pages given free or under the minimum charge amount set by the agency. A requester may include a maximum amount and ask the FOIA Officer to call them prior to going over the set amount.

The FOIA allows fees to be charged to certain types of requesters, but it also provides that waivers or reductions in fees be given if disclosing the information is in the public interest. Public interest is defined as information which significantly enhances the public's knowledge of the operations and activities of the agency. Requesters will be placed in one of the following categories:

commercial, educational, non-commercial scientific, news media and "other."

Requesters who seek information for a use or purpose that furthers their commercial, trade, or profit interest. Commercial requesters pay all fees for search, review and duplication.

Institutions of education. The records must be sought in furtherance of scholarly research. Educational requesters pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. The first 100 pages are provided at no cost.

A non-commercial scientific institution is operated solely for conducting scientific research. The records must be sought in furtherance of scientific research. Like educational requesters, these requesters pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. The first 100 pages are provided at no cost.

A representative of the news media is a person actively gathering news for an entity organized and operated to publish or broadcast news to the public. News media pay only duplication fees, unless it is determined that fees are waived or reduced in the public interest. Again, the first 100 pages are provided at no cost.

Requesters who do not qualify in another category are considered "other" requesters and normally make requests for agency records for their personal use. "Other" requesters receive two hours search, all review costs and the first 100 pages at no cost.

Receiving expedited processing requires a statement asserting one of the following conditions applies:

a.Failure to obtain the records quickly could be expected to pose an imminent threat to the life or physical safety of an individual;
b. Information is urgently needed by an individual primarily engaged in disseminating information in order to inform the public concerning actual or alleged federal government activity;
c. Imminent loss of substantial due process rights.

If your request is initially denied in whole or in part under one or more of the nine exemptions, or denied for any other reason, you will be told of your appeal rights and how to properly submit an appeal within 60 days.