[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: 34CFR5.62]

[Page 10-11]
 
                           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. 5.62  Advance payment of fees.

    (a) If the estimated fee for processing a request exceeds $250, the 
FOI Officer:
    (1) Notifies the requester of the anticipated cost and obtains 
satisfactory assurance of full payment if the requester has a history of 
prompt payment of FOIA fees; or

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    (2) Requires an advance payment if the requester has no history of 
payment.
    (b) If a requester has previously failed to pay a fee in a timely 
fashion, the FOI Officer does not process any subsequent request until 
the requester pays the arrears in full, including interest, and makes an 
advance payment of the estimated fee for the new request.
    (c) Requests under this section are not deemed to have been received 
for purposes of Sec. 5.51(d) until the Department receives the 
satisfactory assurance or advance payment.