Subpart C
No. Under 70.39, this subpart does not apply when another statute (other than the FOIA) specifically requires an agency to set and collect fees for particular types of records. In that situation, the agency follows the requirements of the specific statute rather than the rules in this subpart.
FOIA is treated differently under 70.39: the exclusion described in this section covers statutes other than FOIA, meaning statutes that specifically require agencies to set and collect fees are excluded from this subpart but FOIA is not part of that exclusion. See 70.39 for the exact language; FOIA has its own established fee rules that are handled separately.
No. If a statute specifically requires an agency to set and collect fees for particular records, that statute controls and this subpart does not apply. Agencies must follow the fee amount and collection requirements set by the specific statute rather than adopting different fees under this subpart (see 70.39).
A requester should expect the agency to apply the fee rules set by the statute that specifically mandates fees, because 70.39 says the subpart does not apply in that situation. The agency should:
Yes. When there is no separate statute that specifically requires an agency to set and collect fees for particular records (other than FOIA), the subpart’s rules apply. In other words, 70.39 removes application only where another statute specifically mandates fees.
You determine this by looking for clear statutory language that directs an agency to establish and collect fees for particular records or services; ambiguous or general language may not qualify as a specific requirement. For practical compliance, consult the statute text and legal counsel because 70.39 excludes only statutes that explicitly require fee-setting and collection.
Yes—if there is no separate statute that specifically requires fees, the agency may implement fees consistent with applicable law and the rules of this subpart. 70.39 simply states the subpart does not apply where another statute specifically mandates fees; it does not prohibit agencies from setting fees where no such statute applies.
Yes. The provision means the subpart will not apply to fees required by other federal statutes (other than FOIA) even if those statutes are administered by OSHA or another agency. Agencies must follow the specific statutory fee requirements when such statutes exist, as stated in 70.39.
If a statute clearly requires an agency to set and collect fees but does not specify collection procedures, the agency should follow the statute’s mandate while adopting reasonable procedures consistent with applicable law and departmental policy. Because 70.39 removes the subpart only where a statute specifically requires fees, agencies should obtain legal guidance to ensure their collection methods comply with the statutory requirement and other governing rules.
Yes—agencies should inform requesters when a specific statute requires a fee and that the subpart does not apply, because 70.39 directs that statutes with specific fee mandates take precedence. Clear notice helps requesters understand which fee rules apply and avoid disputes.
The program-specific statute controls. 70.39 says the subpart does not apply to statutes (other than FOIA) that specifically require fee-setting and collection for particular records, so the specific statute’s requirements override any conflicting general policy in the subpart.