[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR5.42]



[Page 24]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 5_FREEDOM OF INFORMATION REGULATIONS--Table of Contents

 

                             Subpart D_Fees

 

Sec.  5.42  Fees to be charged--general provisions.



    (a) We may charge search fees even if the records we find are exempt 

from disclosure, or even if we do not find any records at all.

    (b) If we are not charging you for the first two hours of search 

time, under Sec.  5.41(c), and those two hours are spent on a computer 

search, then the two free hours are the first two hours of the 

operator's own operation. If the operator spends less than two hours on 

the search, we well reduce the total search fees by the average hourly 

rate for the operator's time, multipled by two.

    (c) If we are not charging you for the first 100 pages of 

duplication, under Sec.  5.41 (b) or (c), then those 100 pages are the 

first 100 pages of photocopies of standard size pages, or the first 100 

pages of computer printout. If we cannot use this method to calculate 

the fee reduction, then we will reduce your total duplication fee by the 

normal charge for photocopying a standard size page, multiplied by 100.

    (d) We will not charge you any fee at all if the costs of routine 

collection and processing of the fee are likely to equal or exceed the 

amount of the fee. As of May 1987, such costs among the units HHS ranged 

between $6.00 and $12.50.

    (e) If we determine that you (acting either alone or together with 

others) are breaking down a single request into a series of requests in 

order to avoid (or reduce) the fees charged, we may aggregate all these 

requests for purposes of calculating the fees charged.

    (f) We will charge interest on unpaid bills beginning on the 31st 

day following the day the bill was sent. We will use the provisions of 

Part 30 of this Title in assessing interest, administrative costs, and 

penalties and in taking actions to encourage payment.

    (g) This subpart does not apply to requests for Social Security 

program records on Social Security number holders, wage earners, 

employers, and claimants, where the requests are governed by section 

1106 of the Social Security Act, 42 U.S.C. 1306(c), and by 20 CFR 

442.441.