[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

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

[CITE: 45CFR2105.5]



[Page 520-521]

 

                        TITLE 45--PUBLIC WELFARE

 

                  CHAPTER XXI--COMMISSION OF FINE ARTS

 

PART 2105_RULES FOR COMPLIANCE WITH 5 U.S.C. 552, THE FREEDOM OF INFORMATION ACT--Table of Contents

 

Sec.  2105.5  Fees.



    (a) Fees shall be charged according to the schedule in paragraph (b) 

of this section for services rendered in responding to requests for 

Commission of Fine Arts records under this part unless determination is 

made that such charges or a portion of them are not in the public 

interest because furnishing the information primarily benefits the 

general public.

    (b) The following charges will be assessed for the services listed:

    (1) For copies of documents 8\1/2\x14 or 

smaller, $0.25 for the first copy of the first page and $0.10 for each 

copy of each page thereafter.

    (i) Ordinarily, no more than one copy of each page will be supplied.

    (ii) Ordinarily, photographs 8\1/2\x14 or 

smaller will be copied on a photocopy machine, rather than by 

photographing and printing of such photographs.

    (2) When in responding to a request, copying of bound works such as 

books or periodicals, copying of documents larger than 8\1/

2\x14, photographing and printing of records, or 

other services not normally performed by the Commission and its staff 

are required, the direct cost of such services or material to the 

Commission of Fine Arts may be charged, but only if the requester has



[[Page 521]]



been notified of such cost before it is incurred.

    (3) For each one quarter hour spent by clerical personnel in excess 

of the first quarter hour in searching for and producing a requested 

record, $1.50.

    (4) When a search cannot be performed by clerical personnel and the 

amount of time that must be expended in the search and collection of the 

requested records by such higher level personnel is substantial, charges 

may be made at a rate in excess of the clerical rate, namely, for each 

one quarter hour spent in excess of the first quarter hour by such 

higher level personnel in searching for a requested record, $3.

    (5) No charge will be made for time spent in resolving legal or 

policy issues affecting access to records of known contents. In 

addition, no charge will be made for the time involved in examining 

records in connection with determining whether they are exempt from 

mandatory disclosure and should be withheld, as a matter of sound 

policy. In addition, no charge will ordinarily be made if the records 

requested are not found. However, if the time expended in processing the 

request is substantial, and if the requester has been notified that it 

cannot be determined in advance whether any records will be made 

available, fees may be charged.

    (c) Where it is anticipated that the fees chargeable under this 

section will amount to more than $10, and the requester has not 

indicated in advance his willingness to pay fees as high as are 

anticipated, the requester shall be notified of the amount of the 

anticipated fee or such portion thereof as can readily be estimated. In 

such cases, a request will not be deemed to have been received until the 

requester is notified of the anticipated cost and agrees to bear it. 

Such a notification will be transmitted as soon as possible but in any 

event, within five days, excluding Saturdays, Sundays, and legal public 

holidays after the receipt of the initial request.

    (d) Payment should be made by check or money order payable to the 

U.S. Treasury.

    (e)(1) Where the anticipated fee chargeable under this section 

exceeds $10, an advance deposit of 25% of the anticipated fee or $10, 

whichever is greater may be required.

    (2) Where a requester has previously failed to pay a fee under this 

section, an advance deposit of the full amount of the anticipated fee 

may be required.