D.C. Mun. Regs. r. 1-1308

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 1-1308 - FEES
1308.1

The Office shall determine charges for search and review of documents and records conducted in response to public records requests based on the salary of the employee who conducts the search or review, calculated using Step 5 of the employee's grade level.

(a) The rates per quarter hour after the 1st hour for search and review conducted by non-attorney personnel in the Office are as follows:

Grade

Fee Per Quarter Hour

DS1

$3.74

DS2

$4.05

DS3

$4.41

DS4

$4.61

DS5

$5.00

DS6

$5.54

DS7

$6.14

DS8

$6.68

DS9 and Above

$7.34

(b) The rates per quarter hour after the 1st hour for search and review conducted by attorney personnel in the Office are as follows:

Grade

Fee Per Quarter Hour

LS9

$8.61

LS10

$9.48

LS11

$10.42

LS12

$12.48

LS13

$14.85

LS14

$17.54

LS15

$20.67

(c) The rate per quarter hour after the 1st hour for search and review conducted by supervisory attorneys (LX1 to LX3) is $19.41.
1308.2

Charges for duplicating documents shall be $0.25 per page.

1308.3

When a response to a request requires services or materials for which no fee has been established, the direct cost of the services or materials to the government may be charged, but only if the requester has been notified of the cost before it is incurred.

1308.4

Where an extensive number of documents are identified and collected in response to a request and the requester has not indicated in advance his or her willingness to pay fees as high as are anticipated for duplication of the documents, the Office shall inform the requester that the documents are available for inspection and for subsequent duplication at the established rate.

1308.5

A charge of one dollar ($1) shall be made for each certification of true copies of agency records.

1308.6

Search costs for each request may be imposed even if the requested records cannot be located after a thorough, good-faith search.

1308.7

The Office may require that fees as prescribed by these rules be paid in full prior to issuance of requested copies if the requester has previously failed to pay fees in a timely fashion, or if the Office determines that the fee will exceed $250.

1308.8

Remittances shall be in the form either of a personal check, a bank draft on a bank in the United States, or a postal money order. Remittance shall be made payable to the order of the D.C. Treasurer and mailed or otherwise delivered to the Freedom of Information Act Officer as identified on the Office's website, or the Chief Deputy Attorney General in the absence of a designated Freedom of Information Act Officer.

1308.9

A receipt for fees paid shall be given only upon request. No refund shall be made for services rendered.

1308.10

The Office may waive all or part of any fee when it is deemed to be either in the Office's interest or in the interest of the public.

1308.11

A requester seeking a waiver or reduction of fees shall provide a statement in his or her request letter explaining how furnishing the requested records will primarily benefit the general public. The explanation must address how the requested records are likely to contribute significantly to public understanding of the operations or activities of the government.

1308.12

With respect to any request for which payment of fees in advance is required, the Office shall consider such request to have been withdrawn and shall administratively close such request if the requester has not paid the required fee within sixty (60) days of when the requester is informed of the fee. If a request has been administratively closed, a requester must submit a new request using the procedures described in subchapter 1302 to obtain the information.

1308.13

In accordance with applicable law:

(a) Fees shall be limited to reasonable standard charges for document search, duplication, and review when records are requested for commercial use;
(b) Fees shall be limited to reasonable standard charges for document duplication when records are not sought for commercial use and the request is made by an educational or non-commercial scientific institution for scholarly or scientific research or a representative of the news media;
(c) For any request for records not described in paragraphs (a) or (b) of this subsection, fees shall be limited to reasonable standard charges for document search and duplication; and
(d) Only the direct costs of search, duplication, or review may be recovered.

D.C. Mun. Regs. r. 1-1308

Final Rulemaking published at 70 DCR 7981 (6/2/2023)