[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.