[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR5.60]



[Page 9-10]

 

                           TITLE 34--EDUCATION

 

PART 5_AVAILABILITY OF INFORMATION TO THE PUBLIC PURSUANT TO 

PUB. L. 90-23--Table of Contents

 

                       Subpart E_Fees and Charges

 

Sec. 5.60  Schedule of fees.



    Source: 52 FR 32525, Aug. 27, 1987, unless otherwise noted.



[[Page 10]]





    (a) Fees and charges are charged under this part as follows:

    (1) Search for records--(i) General. Full search fees are charged 

for records requested by commercial use requesters. For records 

requested by representatives of the news media or educational or 

noncommercial scientific institutions whose purpose is scholarly or 

scientific research, no search fee is charged if the records requested 

are not for commercial use. For other requesters, if the records 

requested are not for commercial use, the first two hours of search time 

are provided without charge, except as limited in paragraph (a)(1)(iii) 

of this section. Search fees are recorded and assessed to the nearest 

quarter hour.

    (ii) Manual search. The charge for a manual search is calculated by 

determining the search time to the nearest quarter hour and multiplying 

that figure by the sum of the basic rate of pay per hour of the employee 

conducting the search plus 16 percent of that rate.

    (iii) Computer search. The charge for a computer search is 

calculated by determining the search time to the nearest quarter hour 

and multiplying that figure by the sum of the basic rate of pay per hour 

of the computer operator plus 16% of that rate plus $287 per hour for 

computer operation. Two hours of search time on a computer search is 

deemed to have been spent if the cost of the search equals the 

equivalent of two hours of the computer operator's basic rate of pay per 

hour plus 16 percent of that rate.

    (2) Review of records. Review fees are charged only for commercial 

use requests and only for the initial review. The review rate is 

calculated by determining the review time to the nearest quarter hour 

and multiplying that figure by the sum of the basic rate of pay per hour 

of the employee conducting the review plus 16% of that rate. If records 

requested under this part are stored elsewhere than the headquarters of 

the Department at Washington, DC, the mailing and handling costs of 

returning those records to the headquarters for review is added to the 

review costs.

    (3) Duplication of records. No duplication fee is charged for the 

first 100 pages, except for commercial use requests. Duplication charges 

for paper copy reproduction of documents on photocopy machines is $0.10 

per page.

    (4) Certification of records. The charge for certifying records is 

$5 per record certified.

    (5) Other. If no specific fee has been established for a service, or 

the request for a service does not fall under one of the categories in 

paragraphs (a)(1)-(4) of this section due to the amount or type of 

service, the Secretary is authorized to establish an appropriate fee, 

based on direct costs on a case-by-case basis as provided in the FOIA.

    (b) If the Secretary awards a contract for a search or duplication 

of records for a FOI request, the fees charged are the actual costs 

under the contract.

    (c) Fees are not charged if the total amount of the fee is less than 

$5. If the total amount of the fee is $5, or more, applicable search and 

review costs are charged even if no records are located or disclosed. 

The Secretary does not refund fees paid for services actually rendered.

    (d) If the FOI Officer reasonably believes that a requester or group 

of requesters acting in concert is attempting to break down a request 

into multiple requests for the purpose of avoiding fee assessment, those 

requests and fees are aggregated and charged accordingly.