[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1998]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2411]
[Page 339-348]
TITLE 5--ADMINISTRATIVE PERSONNEL
CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
PART 2411--AVAILABILITY OF OFFICIAL INFORMATION--Table of Contents
Sec.
2411.1 Purpose and scope.
2411.2 Delegation of authority.
2411.3 Information policy.
2411.4 Procedure for obtaining information.
2411.5 Identification of information requested.
2411.6 Time limits for processing requests.
2411.7 Appeal from denial of request.
2411.8 Extension of time limits.
2411.9 Effect of failure to meet time limits.
2411.10 Fees.
2411.11 Compliance with subpenas.
2411.12 Annual report.
Authority: 5 U.S.C. 552.
Source: 45 FR 3488, Jan. 17, 1980, unless otherwise noted.
Sec. 2411.1 Purpose and scope.
This part contains the regulations of the Federal Labor Relations
Authority, the General Counsel of the Federal Labor Relations Authority
and the Federal Service Impasses Panel providing for public access to
information from the Authority, the General Counsel or the Panel. These
regulations implement the Freedom of Information Act, as amended, 5
U.S.C. 552, and the policy of the Authority, the General Counsel and the
Panel to disseminate information on matters of interest to the public
and to disclose to members of the public on request such information
contained in records insofar as is compatible with the discharge of
their responsibilities, consistent with applicable law.
Sec. 2411.2 Delegation of authority.
(a) Federal Labor Relations Authority/General Counsel of the Federal
Labor Relations Authority. Regional Directors of the Federal Labor
Relations Authority, the Freedom of Information Officer of the Office of
the General Counsel, Washington, DC, and the Solicitor of the Federal
Labor Relations Authority are delegated the exclusive authority to act
upon all requests for information, documents and records which are
received from any person or organization under Sec. 2411.4(a).
(b) Federal Service Impasses Panel. The Executive Director of the
Federal Service Impasses Panel is delegated the exclusive authority to
act upon all requests for information, documents and records which are
received from any person or organization under Sec. 2411.4(b).
Sec. 2411.3 Information policy.
(a) Federal Labor Relations Authority/General Counsel of the Federal
Labor Relations Authority. (1) It is the policy of the Federal Labor
Relations Authority and the General Counsel of the Federal Labor
Relations Authority to make available for public inspection and copying:
(i) Final decisions and orders of the Authority and administrative
rulings of the General Counsel; (ii) statements of policy and
interpretations which have been adopted by the Authority or by the
General Counsel and are not published in the Federal Register; and (iii)
administrative staff manuals and instructions to staff that affect a
member of the public (except those establishing internal operating
rules, guidelines, and procedures for the investigation, trial, and
settlement of cases). Any person may examine and copy items (i) through
(iii) at each regional office of the Authority and at the offices of the
Authority and the General Counsel, respectively, in Washington, DC,
under conditions prescribed by the Authority and the General Counsel,
respectively, and at reasonable times during normal working hours so
long as it does not interfere with the efficient operations of the
Authority and the General Counsel. To the extent required to prevent a
clearly unwarranted invasion of personal privacy, identifying details
may be deleted and, in each case, the justification for the deletion
shall be fully explained in writing.
(2) It is the policy of the Authority and the General Counsel to
make promptly available for public inspection and copying, upon request
by any
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person, other records where the request reasonably describes such
records and otherwise conforms with the rules provided herein.
(b) Federal Service Impasses Panel. (1) It is the policy of the
Federal Service Impasses Panel to make available for public inspection
and copying: (i) Procedural determinations of the Panel; (ii)
factfinding and arbitration reports; (iii) final decisions and orders of
the Panel; (iv) statements of policy and interpretations which have been
adopted by the Panel and are not published in the Federal Register; and
(v) administrative staff manuals and instructions to staff that affect a
member of the public. Any person may examine and copy items (i) through
(v) at the Panel's offices in Washington, D.C., under conditions
prescribed by the Panel, and at reasonable times during normal working
hours so long as it does not interfere with the efficient operations of
the Panel. To the extent required to prevent a clearly unwarranted
invasion of personal privacy, identifying details may be deleted and, in
each case, the justification for the deletion shall be fully explained
in writing.
(2) It is the policy of the Panel to make promptly available for
public inspection and copying, upon request by any person, other records
where the request reasonably describes such records and otherwise
conforms with the rules provided herein.
(c) The Authority, the General Counsel and the Panel shall maintain
and make available for public inspection and copying the current indexes
and supplements thereto which are required by 5 U.S.C. 552(a)(2) and, as
appropriate, a record of the final votes of each member of the Authority
and of the Panel in every agency proceeding. Any person may examine and
copy such document or record of the Authority, the General Counsel or
the Panel at the offices of either the Authority, the General Counsel,
or the Panel, as appropriate, in Washington, D.C., under conditions
prescribed by the Authority, the General Counsel or the Panel at
reasonable times during normal working hours so long as it does not
interfere with the efficient operations of either the Authority, the
General Counsel, or the Panel.
(d) The Authority, the General Counsel or the Panel may decline to
disclose any matters exempted from the disclosure requirements in 5
U.S.C. 552(b), particularly those that are:
(1)(i) Specifically authorized under criteria established by an
executive order to be kept secret in the interest of national defense or
foreign policy and (ii) are in fact properly classified pursuant to such
executive order;
(2) Related solely to internal personnel rules and practices of the
Authority, the General Counsel or the Panel;
(3) Specifically exempted from disclosure by statute (other than 5
U.S.C. 552(b)), provided that such statute:
(i) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue; or
(ii) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(4) Trade secrets and commercial or financial information obtained
from a person and privileged or confidential;
(5) Interagency or intra-agency memoranda or letters which would not
be available by law to a party other than an agency in litigation with
the agency;
(6) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy; or
(7) Investigatory records compiled for law enforcement purposes, but
only to the extent that the production of such records would:
(i) Interfere with an enforcement proceeding;
(ii) Deprive a person of a right to a fair trial or an impartial
adjudication;
(iii) Constitute an unwarranted invasion of personal privacy;
(iv) Disclose the identity of a confidential source and, in the case
of a record compiled by a criminal law enforcement authority in the
course of a criminal investigation, or by an agency conducting a lawful
national security intelligence investigation, confidential information
furnished only by the confidential source;
(v) Disclose investigative techniques and procedures; or
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(vi) Endanger the life or physical safety of law enforcement
personnel.
(e)(1) The formal documents constituting the record in a case or
proceeding are matters of official record and, until destroyed pursuant
to applicable statutory authority, are available to the public for
inspection and copying at the appropriate regional office of the
Authority, or the offices of the Authority, the General Counsel or the
Panel in Washington, D.C., as appropriate, under conditions prescribed
by the Authority, the General Counsel or the Panel at reasonable times
during normal working hours so long as it does not interfere with the
efficient operations of the Authority, the General Counsel or the Panel.
(2) The Authority, the General Counsel or the Panel, as appropriate,
shall certify copies of the formal documents upon request made a
reasonable time in advance of need and payment of lawfully prescribed
costs.
(f)(1) Copies of forms prescribed by the Authority for the filing of
charges and petitions may be obtained without charge from any regional
office of the Authority.
(2) Copies of forms prescribed by the Panel for the filing of
requests may be obtained without charge from the Panel's offices in
Washington, DC.
Sec. 2411.4 Procedure for obtaining information.
(a) Federal Labor Relations Authority/General Counsel of the Federal
Labor Relations Authority. Any person who desires to inspect or copy any
records, documents or other information of the Authority or the General
Counsel, covered by this part, other than those specified in paragraphs
(a)(1) and (c) of Sec. 2411.3, shall submit a written request to that
effect as follows:
(1) If the request is for records, documents or other information in
a regional office of the Authority, it should be made to the appropriate
Regional Director;
(2) If the request is for records, documents or other information in
the Office of the General Counsel and located in Washington, DC, it
should be made to the Freedom of Information Officer, Office of the
General Counsel, Washington, DC; and
(3) If the request is for records, documents or other information in
the offices of the Authority in Washington, D.C., it should be made to
the Solicitor of the Authority, Washington, D.C.
(b) Federal Service Impasses Panel. Any person who desires to
inspect or copy any records, documents or other information of the Panel
covered by this part, other than those specified in paragraphs (b)(1)
and (c) of Sec. 2411.3, shall submit a written request to that effect to
the Executive Director, Federal Service Impasses Panel, Washington, DC.
(c) All requests under this part should be clearly and prominently
identified as a request for information under the Freedom of Information
Act and, if submitted by mail or otherwise submitted in an envelope or
other cover, should be clearly identified as such on the envelope or
other cover. If a request does not comply with the provisions of this
paragraph, it shall not be deemed received by the appropriate Regional
Director, the Freedom of Information Officer of the Office of the
General Counsel, the Solicitor of the Authority, or the Executive
Director of the Panel, as appropriate, until the time it is actually
received by such person.
Sec. 2411.5 Identification of information requested.
(a) Each request under this part should reasonably describe the
records being sought in a way that they can be identified and located. A
request should include all pertinent details that will help identify the
records sought.
(b) If the description is insufficient, the officer processing the
request will so notify the person making the request and indicate the
additional information needed. Every reasonable effort shall be made to
assist in the identification and location of the record sought.
(c) Upon receipt of a request for records, the appropriate Regional
Director, the Freedom of Information Officer of the Office of the
General Counsel, the Solicitor of the Authority, or the Executive
Director of the Panel, as appropriate, shall enter it in a public log.
The log shall state the date and
[[Page 342]]
time received, the name and address of the person making the request,
the nature of the records requested, the action taken on the request,
the date of the determination letter sent pursuant to paragraphs (b) and
(c) of Sec. 2411.6, the date(s) any records are subsequently furnished,
the number of staff-hours and grade levels of persons who spent time
responding to the request, and the payment requested and received.
Sec. 2411.6 Time limits for processing requests.
(a) All time limits established pursuant to this section shall begin
as of the time at which a request for records is logged in by the
appropriate Regional Director, the Freedom of Information Officer of the
Office of the General Counsel, the Solicitor of the Authority, or the
Executive Director of the Panel, as appropriate, processing the request
pursuant to paragraph (c) of Sec. 2411.5. An oral request for records
shall not begin any time requirement. A written request for records sent
to other than the appropriate officer will be forwarded to that officer
by the receiving officer, but in that event the applicable time limit
for response set forth in paragraph (b) of this section shall begin upon
the request being logged in as required by paragraph (c) of Sec. 2411.5.
(b) Except as provided in Sec. 2411.8, the appropriate Regional
Director, the Freedom of Information Officer of the Office of the
General Counsel, the Solicitor of the Authority, or the Executive
Director of the Panel, as appropriate, shall, within twenty (20) working
days following receipt of the request, respond in writing to the
requester, determining whether, or the extent to which, the request
shall be complied with.
(1) If all the records requested have been located and a final
determination has been made with respect to disclosure of all of the
records requested, the response shall so state.
(2) If all of the records have not been located or a final
determination has not been made with respect to disclosure of all the
records requested, the response shall state the extent to which the
records involved shall be disclosed pursuant to the rules established in
this part.
(3) If the request is expected to involve allowed charges in excess
of $250.00, the response shall specify or estimate the fee involved and
shall require prepayment of any charges in accordance with the
provisions of paragraph (g) of Sec. 2411.10 before the request is
processed further.
(4) Whenever possible, the response relating to a request for
records that involves a fee of less than $250.00 shall be accompanied by
the requested records. Where this is not possible, the records shall be
forwarded as soon as possible thereafter, consistent with other
obligations of the Authority, the General Counsel or the Panel.
(c) If any request for records is denied in whole or in part, the
response required by paragraph (b) of this section shall notify the
requester of the denial. Such denial shall specify the reason therefor,
set forth the name and title or position of the person responsible for
the denial, and notify the person making the request of the right to
appeal the denial under the provisions of Sec. 2411.7.
[45 FR 3488, Jan. 17, 1980, as amended at 52 FR 26128, July 13, 1987; 62
FR 60997, Nov. 14, 1997]
Sec. 2411.7 Appeal from denial of request.
(a) Federal Labor Relations Authority/General Counsel of the Federal
Labor Relations Authority. (1) Whenever any request for records is
denied, a written appeal may be filed within thirty (30) days after the
requester receives notification that the request has been denied or
after the requester receives any records being made available, in the
event of partial denial. If the denial was made by a Regional Director
or by the Freedom of Information Officer of the Office of the General
Counsel, the appeal shall be filed with the General Counsel in
Washington, DC. If the denial was made by the Solicitor of the
Authority, the appeal shall be filed with the Chairman of the Authority
in Washington, DC.
(2) The Chairman of the Authority or the General Counsel, as
appropriate, shall, within twenty (20) working days from the time of
receipt of the appeal, except as provided in Sec. 2411.8, make a
[[Page 343]]
determination on the appeal and respond in writing to the requester,
determining whether, or the extent to which, the request shall be
complied with.
(i) If the determination is to comply with the request and the
request is expected to involve an assessed fee in excess of $25.00, the
determination shall specify or estimate the fee involved and shall
require prepayment of any charges due in accordance with the provisions
of paragraph (a) of Sec. 2411.10 before the records are made available.
(ii) Whenever possible, the determination relating to a request for
records that involves a fee of less than $25.00 shall be accompanied by
the requested records. Where this is not possible, the records shall be
forwarded as soon as possible thereafter, consistent with other
obligations of the Authority or the General Counsel.
(b) Federal Service Impasses Panel. (1) Whenever any request for
records is denied by the Executive Director, a written appeal may be
filed with the Chairman of the Panel within thirty (30) days after the
requester receives notification that the request has been denied or
after the requester receives any records being made available, in the
event of partial denial.
(2) The Chairman of the Panel, within twenty (20) working days from
the time of receipt of the appeal, except as provided in Sec. 2411.8,
shall make a determination on the appeal and respond in writing to the
requester, determining whether, or the extent to which, the request
shall be complied with.
(i) If the determination is to comply with the request and the
request is expected to involve an assessed fee in excess of $25.00, the
determination shall specify or estimate the fee involved and shall
require prepayment of any charges due in accordance with the provisions
of paragraph (a) of Sec. 2411.10 before the records are made available.
(ii) Whenever possible, the determination relating to a request for
records that involves a fee of less than $25.00 shall be accompanied by
the requested records. Where this is not possible, the records shall be
forwarded as soon as possible thereafter, consistent with other
obligations of the Panel.
(c) If on appeal the denial of the request for records is upheld in
whole or in part by the Chairman of the Authority, the General Counsel,
or the Chairman of the Panel, as appropriate, the person making the
request shall be notified of the reasons for the determination, the name
and title or position of the person responsible for the denial, and the
provisions for judicial review of that determination under 5 U.S.C.
552(a)(4). Even though no appeal is filed from a denial in whole or in
part of a request for records by the person making the request, the
Chairman of the Authority, the General Counsel or the Chairman of the
Panel, as appropriate, may, without regard to the time limit for filing
of an appeal, sua sponte initiate consideration of a denial under this
appeal procedure by written notification to the person making the
request. In such event the time limit for making the determination shall
commence with the issuance of such notification.
Sec. 2411.8 Extension of time limits.
In unusual circumstances as specified in this section, the time
limits prescribed with respect to initial determinations or
determinations on appeal may be extended by written notice from the
officer handling the request (either initial or on appeal) to the person
making such request setting forth the reasons for such extension and the
date on which a determination is expected to be dispatched. No such
notice shall specify a date that would result in a total extension of
more than ten (10) working days. As used in this section, ``unusual
circumstances'' means, but only to the extent reasonably necessary to
the proper processing of the particular request:
(a) The need to search for and collect the requested records from
field facilities or other establishments that are separate from the
office processing the request;
(b) The need to search for, collect and appropriately examine a
voluminous amount of separate and distinct records which are demanded in
a single request; or
(c) The need for consultation, which shall be conducted with all
practicable speed, with another agency having a
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substantial interest in the determination of the request or among two or
more components of the agency having substantial subject matter interest
therein.
Sec. 2411.9 Effect of failure to meet time limits.
Failure by the Authority, the General Counsel or the Panel either to
deny or grant any request under this part within the time limits
prescribed by the Freedom of Information Act, as amended, 5 U.S.C. 552,
and these regulations shall be deemed to be an exhaustion of the
administrative remedies available to the person making this request.
Sec. 2411.10 Fees.
(a) Definitions. For the purpose of this section:
(1) The term direct costs means those expenditures which the
Authority, the General Counsel or the Panel actually incurs in searching
for and duplicating (and in the case of commercial requesters,
reviewing) documents to respond to a FOIA request. Direct costs include,
for example, the salary of the employee performing work (the basic rate
of pay for the employee plus 16 percent of the rate to cover benefits)
and the cost of operating duplicating machinery. Not included in direct
costs are overhead expenses such as costs of space, and heating or
lighting the facility in which the records are stored.
(2) The term search includes all time spent looking for material
that is responsive to a request, including page-by-page or line-by-line
identification of material within documents. Searches may be done
manually or by computer using existing programming.
(3) The term duplication refers to the process of making a copy of a
document necessary to respond to a FOIA request. Such copies can take
the form of paper copy, microfilm, audio-visual materials, or machine
readable documentation (e.g., magnetic tape or disk), among others.
(4) The term review refers to the process of examining documents
located in response to a commercial use request (see paragraph (a)(5) of
this section) to determine whether any portion of any document located
is permitted to be withheld. It also includes processing any documents
for disclosure, e.g., doing all that is necessary to excise them and
otherwise prepare them for release. Review does not include time spent
resolving general legal or policy issues regarding the application of
exemptions.
(5) The term ``commercial use'' request refers to a request from or
on behalf of one who seeks information for a use or purpose that
furthers the commercial, trade, or profit interests of the requester or
the person on whose behalf the request is made. In determining whether a
requester properly belongs in this category, the Authority, the General
Counsel or the Panel will look first to the use to which a requester
will put the document requested. Where the Authority, the General
Counsel or the Panel has reasonable cause to doubt the use to which a
requester will put the records sought, or where that use is not clear
from the request itself, the Authority, the General Counsel or the Panel
may seek additional clarification before assigning the request to a
specific category.
(6) The term educational institution refers to a preschool, a public
or private elementary or secondary school, an institution of graduate
higher education, an institution of undergraduate higher education, an
institution of professional education, and an institution of vocational
education, which operates a program or programs of scholarly research.
(7) The term non-commercial scientific institution refers to an
institution that is not operated on a ``commercial'' basis as that term
is referenced in paragraph (a)(5) of this section, and which is operated
solely for the purpose of conducting scientific research the results of
which are not intended to promote any particular product or industry.
(8) The term representative of the news media refers to any person
actively gathering news for an entity that is organized and operated to
publish or broadcast news to the public. The term news means information
that is about current events or that would be of current interest to the
public. Examples of news media entities include television or radio
stations broadcasting to the
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public at large, and publishers of periodicals (but only in those
instances when they can qualify as disseminators of ``news'') who make
their products available for purchase or subscription by the general
public. These examples are not intended to be all-inclusive. In the case
of ``freelance'' journalists, they may be regarded as working for a news
organization if they demonstrate a solid basis for expecting publication
through that organization, even though not actually employed by it. A
publication contract would be the clearest proof, but the Authority, the
General Counsel or the Panel may also look to the past publication
record of a requester, press accreditation, guild membership, business
registration, Federal Communications Commission licensing, or similar
credentials of a requester in making this determination.
(b) Exceptions to fee charges. (1) With the exception of requesters
seeking documents for a commercial use, the Authority, the General
Counsel or the Panel will provide the first 100 pages of duplication and
the first two hours of search time without charge. The word ``pages'' in
this paragraph refers to paper copies of standard size, usually 8\1/2\'
by 11', or their equivalent in microfiche or computer disks. The term
``search time'' in this paragraph is based on a manual search for
records. In applying this term to searches made by computer, when the
cost of the search as set forth in paragraph (d)(2) of this section
equals the equivalent dollar amount of two hours of the salary of the
person performing the search, the Authority, the General Counsel or the
Panel will begin assessing charges for computer search.
(2) The Authority, the General Counsel, or the Panel will not charge
fees to any requester, including commercial use requesters, if the cost
of collecting the fee would be equal to or greater than the fee itself.
(3)(i) The Authority, the General Counsel or the Panel will provide
documents without charge or at reduced charges if disclosure of the
information is in the public interest because it is likely to contribute
significantly to public understanding of the operations or activities of
the government and is not primarily in the commercial interest of the
requester.
(ii) In determining whether disclosure is in the public interest
under paragraph (b)(3)(i) of this section, the Authority, the General
Counsel, and the Panel will consider the following factors:
(a) The subject of the request. Whether the subject of the requested
records concerns ``the operations or activities of the government'';
(b) The informative value of the information to be disclosed.
Whether the disclosure is ``likely to contribute'' to an understanding
of government operations or activities;
(c) The contribution to an understanding of the subject by the
general public likely to result from disclosure. Whether disclosure of
the requested information will contribute to ``public understanding'';
(d) The significance of the contribution to the public
understanding. Whether the disclosure is likely to contribute
``significantly'' to public understanding of government operations or
activities;
(e) The existence and magnitude of a commercial interest. Whether
the requester has a commercial interest that would be furthered by the
requested disclosure; and, if so
(f) The primary interest in disclosure. Whether the magnitude of the
identified commercial interest of the requester is sufficiently large,
in comparison with the public interest in disclosure, that disclosure is
``primary in the commercial interest of the requester.''
(iii) A request for a fee waiver based on the public interest under
paragraph (b)(3)(i) of this section must address these factors as they
apply to the request for records in order to be considered by the
Authority, the General Counsel, or the Panel.
(c) Level of fees to be charged. The level of fees to be charged by
the Authority, the General Counsel or the Panel, in accordance with the
schedule set forth in paragraph (d) of this section, depends on the
category of the requester. The fee levels to be charged are as follows:
(1) A request for documents appearing to be for commercial use will
be charged to recover the full direct costs
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of searching for, reviewing for release, and duplicating the records
sought.
(2) A request for documents from an educational or non-commercial
scientific institution will be charged for the cost of reproduction
alone, excluding charges for the first 100 pages. To be eligible for
inclusion in this category, requesters must show that the request is
being made under the auspices of a qualifying institution and that the
records are not sought for a commercial use, but are sought in
furtherance of scholarly (if the request is from an educational
institution) or scientific (if the request is from a non-commercial
scientific institution) research.
(3) The Authority, the General Counsel or the Panel shall provide
documents to requesters who are representatives of the news media for
the cost of reproduction alone, excluding charges for the first 100
pages.
(4) The Authority, the General Counsel or the Panel shall charge
requesters who do not fit into any of the categories above fees which
recover the full direct cost of searching for and reproducing records
that are responsive to the request, except that the first 100 pages of
reproduction and the first two hours of search time shall be furnished
without charge. Requests from record subjects for records about
themselves filed in Authority, General Counsel, or Panel systems of
records will continue to be treated under the fee provisions of the
Privacy Act of 1974, which permits fees only for reproduction.
All requesters must reasonably describe the records sought.
(d) The following fees shall be charged in accordance with paragraph
(c) of this section:
(1) Manual searches for records. The salary rate (i.e., basic pay
plus 16 percent) of the employee(s) making the search. Search time under
this paragraph and paragraph (d)(2) of this section may be charged for
even if the Authority, the General Counsel or the Panel fails to locate
records or if records located are determined to be exempt from
disclosure.
(2) Computer searches for records. $4.15 per quarter hour, which the
Authority, the General Counsel and the Panel determined to be the actual
direct cost of providing the service, including computer search time
directly attributable to searching for records responsive to a FOIA
request, runs, and operator salary apportionable to the search.
(3) Review of records. The salary rate (i.e., basic pay plus 16
percent) of the employee(s) conducting the review. This charge applies
only to requesters who are seeking documents for commercial use, and
only to the review necessary at the initial administrative level to
determine the applicability of any relevant FOIA exemptions, and not at
the administrative appeal level of an exemption already applied.
(4) Duplication of records. Twenty-five cents per page for paper
copy reproduction of documents, which the Authority, the General Counsel
and the Panel determined is the reasonable direct cost of making such
copies, taking into account the average salary of the operator and the
cost of the reproduction machinery. For copies of records prepared by
computer, such as tapes or printouts, the Authority, the General Counsel
or the Panel shall charge the actual cost, including operator time, of
production of the tape or printout.
(5) Forwarding material to destination. Postage, insurance and
special fees will be charged on an actual cost basis.
(e) Aggregating requests. When the Authority, the General Counsel or
the Panel reasonably believes that a requester or group of requesters is
attempting to break a request down into a series of requests for the
purpose of evading the assessment of fees, the Authority, the General
Counsel or the Panel will aggregate any such requests and charge
accordingly.
(f) Charging interest. Interest at the rate prescribed in 31 U.S.C.
3717 may be charged those requesters who fail to pay fees charged,
beginning on the 30th day following the billing date. Receipt of a fee
by the Authority, the General Counsel or the Panel, whether processed or
not, will stay the accrual of interest.
(g) Advanced payments. The Authority, the General Counsel or the
Panel will not require a requester to make an advance payment, i.e.,
payment before work is commenced or continued on a request, unless:
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(1) The Authority, the General Counsel or the Panel estimates or
determines that allowable charges that a requester may be required to
pay are likely to exceed $250. Then the Authority, the General Counsel
or the Panel will notify the requester of the likely cost and obtain
satisfactory assurance of full payment where the requester has a history
of prompt payment of FOIA fees, or require an advance payment of an
amount up to the full estimated charges in the case of requesters with
no history of payment; or
(2) A requester has previously failed to pay a fee charged in a
timely fashion (i.e., within 30 days of the date of the billing), in
which case the Authority, the General Counsel or the Panel requires the
requester to pay the full amount owed plus any applicable interest as
provided above or demonstrate that the requester has, in fact, paid the
fee, and to make an advance payment of the full amount of the estimated
fee before the agency begins to process a new request or a pending
request from that requester. When the Authority, the General Counsel or
the Panel acts under paragraph (g)(1) or (2) of this section, the
administrative time limits prescribed in subsection (a)(6) of the FOIA
(i.e., 20 working days from receipt of initial requests and 20 working
days from receipt of appeals from initial denial, plus permissible
extension of these time limits) will begin only after the Authority, the
General Counsel or the Panel has received fee payments described above.
(h) Requests for copies of transcripts of hearings should be made to
the official hearing reporter. However, a person may request a copy of a
transcript of a hearing from the Authority, the Panel or the General
Counsel, as appropriate. In such instances, the Authority, the General
Counsel or the Panel, as appropriate, may, by agreement with the person
making the request, make arrangements with commercial firms for required
services to be charged directly to the requester.
(i) Payment of fees shall be made by check or money order payable to
the U.S. Treasury.
[52 FR 26128, July 13, 1987, as amended at 62 FR 60997, Nov. 14, 1997]
Sec. 2411.11 Compliance with subpenas.
No member of the Authority or the Panel, or the General Counsel, or
other officer or employee of the Authority, the Panel, or the General
Counsel shall produce or present any files, documents, reports,
memoranda, or records of the Authority, the Panel or the General
Counsel, or testify in behalf of any party to any cause pending in any
arbitration or in any court or before the Authority or the Panel, or any
other board, commission, or administrative agency of the United States,
territory, or the District of Columbia with respect to any information,
facts, or other matter to their knowledge in their official capacity or
with respect to the contents of any files, documents, reports,
memoranda, or records of the Authority, the Panel or the General
Counsel, whether in answer to a subpena, subpena duces tecum, or
otherwise, without the written consent of the Authority, the Panel or
the General Counsel, as appropriate. Whenever any subpena, the purpose
for which is to adduce testimony or require the production of records as
described above, shall have been served on any member or other officer
or employee of the Authority, the Panel or the General Counsel, such
person will, unless otherwise expressly directed by the Authority, the
Panel or the General Counsel, as appropriate, and as provided by law,
move pursuant to the applicable procedure to have such subpena
invalidated on the ground that the evidence sought is privileged against
disclosure by this rule.
Sec. 2411.12 Annual report.
On or before March 1 of each calendar year, the Executive Director
of the Authority shall submit a report of the activities of the
Authority, the General Counsel and the Panel with regard to public
information requests during the preceding calendar year to the Speaker
of the House of Representatives and the President of the Senate for
referral to the appropriate committees of the Congress. The report shall
include for such calendar year all information required by 5 U.S.C.
552(d) and such other information as indicates the efforts of the
Authority, the General Counsel and
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the Panel to administer fully the provisions of the Freedom of
Information Act, as amended.