[Code of Federal Regulations]
[Title 29, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR70.42]

[Page 439]
 
                             TITLE 29--LABOR
 
PART 70--PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS--Table of 
Contents
 
              Subpart C--Costs for Production of Documents
 
Sec. 70.42  Ancillary considerations.

    (a) Costs assessed when no records are disclosed. The costs of 
searching for and, in the case of a commercial use request, reviewing 
records may be assessed even where ultimately no documents are disclosed 
or located.
    (b) Aggregating requests. A requester may not file multiple 
requests, each seeking portions of a document or documents in order to 
avoid the payment of fees. When there is reason to believe that a 
requester or a group of requesters acting in concert, is attempting to 
break a request down into a series of requests for the purpose of 
evading the assessment of fees, any such requests may be aggregated and 
the requesters charged as if there were only a single request.
    (c) Advance payments. An advance payment before work is commenced or 
continued on a request, may not be required unless:
    (1) It is estimated or determined that the allowable charge that a 
requester may be required to pay are likely to exceed $250. When a 
determination is made that the allowable charges are likely to exceed 
$250, the requester shall be notified of the likely cost and be required 
to provide satisfactory assurance of full payment where the requester 
has a history of prompt payment of FOIA fees, or be required to tender 
advance payment of at least 50% of the full estimated charges in the 
case of requesters with no history of payment; or
    (2) A requester has previously failed to pay a fee charged in a 
timely fashion (i.e., within 30 days of the date of the billing) in 
which case the requester may be required:
    (i) To pay the full amount owed plus any applicable interest as 
provided in Sec. 70.41(e), when an outstanding balance is due and owing, 
and
    (ii) To make an advance payment of the full amount of the estimated 
fee before the component begins to process a new request.
    (3) In any case, the payment of outstanding fees may be required 
before responsive materials are actually disclosed to a requester.
    (d) Time limits to respond extended when advance payments requested. 
When an advance payment of fees in accordance with paragraph (c) of this 
section has been requested the administrative time limits prescribed in 
subsection (a)(6) of the FOIA, 5 U.S.C. 552(a)(6), will only begin to 
run after such advance payment has been received by the agency.
    (e) Interest charges. Interest charges on an unpaid bill may be 
assessed starting on the 31st day following the day on which the billing 
was sent. Interest shall be at the rate prescribed in section 3717 of 
title 31 U.S.C. and shall accrue from the date of the billing.
    (f) Authentication of copies--(1) Fees. The Freedom of Information 
Act does not require certification or attestation under seal of copies 
of records furnished in accordance with its provisions. Pursuant to 
provisions of the general user-charger statute, 31 U.S.C. 9701 and 
subchapter II of title 29 U.S.C., the following charges may be made 
where such services are requested:
    (i) For certification of true copies, each $1.
    (ii) For attestation under the seal of the Department, each $3.
    (2) Authority and form for attestation under seal. Authority is 
hereby given to any officer or officers of the Department of Labor 
designated as authentication officer or officers of the Department to 
sign and issue attestations under the seal of the Department of Labor.
    (g) Transcripts. All transcripts shall be made available in 
accordance with the terms set forth in Sec. 70.40.

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