Question 1

Under 70.42(a), when will the Department not assess or collect FOIA fees?

Accepted Answer

Under §70.42(a)) the Department will not assess or collect fees when the fee to be assessed, after deducting any free pages and/or search time, is less than $25.00. This means the agency will waive small charges if the net fee falls below $25 after allowable deductions. See §70.42(a)) for the exact rule language.

Question 2

Under 70.42(a), can a requester state how much they are willing to pay up front for FOIA processing?

Accepted Answer

Yes. §70.42(a)) allows a requester to specify a willingness to pay up to a certain amount (for example, $50.00 or $200.00) when making a request. Stating a maximum upfront helps the agency know whether to proceed or notify you before incurring higher fees. See §70.42(a)) for examples.

Question 3

Under 70.42(b), what happens if a component reasonably believes fees will exceed the requester’s original consent?

Accepted Answer

Under §70.42(b)) the component will not process the request further if it reasonably believes the fees are likely to exceed the amount to which the requester originally consented, unless the requester gives supplemental written consent after being notified. The agency must notify you if it expects higher costs and must get your written agreement to proceed at that higher amount. See §70.42(b)) for the requirement.

Question 4

Under 70.42(c), what information must the agency include when notifying a requester that fees will exceed $25.00?

Accepted Answer

Under §70.42(c)) the agency must notify the requester of the actual or estimated amount of the fees and include a breakdown of the fees for search, review, or duplication unless the requester already agreed to pay fees that high. The notice should show how much is estimated for search, how much for review (if any), and how much for duplication. If you indicated willingness to pay the anticipated amount, the agency does not need to provide this notice; see §70.42(c)).

Question 5

Under 70.42(c), what must the agency tell the requester if only part of the fee can be estimated?

Accepted Answer

Under §70.42(c)) the agency must advise the requester when only a portion of the fee can be readily estimated. The notice should explain which parts are estimated and which cannot yet be estimated, so the requester understands the uncertainty. See §70.42(c)) for the requirement.

Question 6

Under 70.42(c), can the agency invite the requester to change their FOIA request to lower the cost?

Accepted Answer

Yes. §70.42(c)) permits the agency to invite the requester to reformulate the request to satisfy needs at a lower cost. The agency can suggest narrower date ranges, fewer search terms, or specific file types to reduce search or duplication charges. See §70.42(c)) for this guidance.

Question 7

Under 70.42(d), how must components help requesters who want to lower FOIA fees?

Accepted Answer

Under §70.42(d)) components must make their FOIA contact available to help any requester reformulate a request to meet the requester’s needs at a lower cost. This assistance can include advising on narrowing scope, specifying records, or choosing electronic formats that reduce duplication charges. See §70.42(d)) for the requirement.

Question 8

Under 70.42(a), how do free pages and free search time affect whether a fee is assessed?

Accepted Answer

Under §70.42(a)) free pages and/or free search time are deducted from the calculated fee, and the Department will not assess fees if the remaining amount is less than $25.00. That deduction can reduce or eliminate a fee that would otherwise be charged. See §70.42(a)) for details.

Question 9

Under 70.42(b), what does the agency require from the requester before continuing when fees exceed the original agreement?

Accepted Answer

Under §70.42(b)) the agency requires supplemental written consent from the requester before it will process a request if it reasonably believes fees will exceed the amount originally agreed to. Supplemental written consent is a written confirmation that you agree to pay the higher estimated fees after being notified. See §70.42(b)) for the governing rule.

Question 10

Under 70.42(c), what specific fee categories must the agency break down in its estimate?

Accepted Answer

Under §70.42(c)) the agency must include a breakdown of fees for search, review, and duplication when notifying the requester of actual or estimated fees. Search: time spent locating records. Review: time spent determining if records are exempt or need redaction. Duplication: cost to copy or produce records. See §70.42(c)) for the requirement.

Question 11

Under 70.42(b) and 70.42(c), if my estimated fee is $30 but I only agreed to $25, what will the agency do?

Accepted Answer

Under §70.42(b)) and §70.42(c)) the agency must notify you of the estimated $30 fee with a breakdown of search, review, and duplication charges, and it will not process your request further unless you give supplemental written consent to pay the higher amount. The notice may also invite you to reformulate the request to reduce fees, per §70.42(c)). For help narrowing the request, the agency must make its FOIA contact available as required by §70.42(d)).

Question 12

Under 70.42(c) and 70.42(d), what practical steps can a requester take to reduce FOIA fees?

Accepted Answer

Under §70.42(c)) and §70.42(d)), requesters can reduce fees by narrowing the scope, specifying date ranges, identifying specific record types, or requesting electronic formats. Contact the agency’s FOIA officer to get help reformulating the request, as required by §70.42(d)). Ask the agency for a fee breakdown first under §70.42(c)) so you can decide whether to proceed or narrow your request.

FOIA fee assessment procedures

Questions & Answers