cfr_sections
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27 rows where part_number = 70 and title_number = 29 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 29:29:1.1.1.1.40.1.81.1 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | A | Subpart A—General | § 70.1 General provisions. | DOL | (a) This part is organized as follows: Subpart A contains general information about Department of Labor policies and procedures; subpart B sets forth the procedures for obtaining access to records of the Department; subpart C contains the Department's regulations on fees; and subpart D sets forth the procedures for obtaining access to certain public records. Appendix A contains a list of all Department of Labor FOIA components from which records may be obtained. (b) This part contains the rules that the Department of Labor follows in processing requests for records under the Freedom of Information Act (FOIA), as amended, 5 U.S.C. 552. The rules in this part should be read together with the text of the FOIA, which provides additional information about access to records maintained by the Department. Additionally, the Department's “Guide to Submitting Requests under the FOIA” and related documents contain helpful information about the specific procedures particular to the Department with respect to making FOIA requests, and descriptions of the types of records maintained by different components of the Department. These references are available at http://www.dol.gov/dol/foia/guide6.html. (c) Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed under 29 CFR part 71 as well as under this part. Information routinely provided to the public as part of a regular Department activity (for example, press releases issued by the Office of Public Affairs (OPA)) may be provided to the public without following this subpart. (d) As set forth in § 70.3 of this part, the Department operates its FOIA program with a presumption of openness and withholds records or information under the FOIA only when the Department reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or when disclosure is prohibited by law. (e) The Department has a decentralized system for processing requests, with each component handling requests for its own recor… | ||||||
| 29:29:1.1.1.1.40.1.81.2 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | A | Subpart A—General | § 70.2 Definitions. | DOL | As used in this part: (a) The terms agency, person, party, rule, order, and adjudication have the meaning attributed to these terms by the definitions in 5 U.S.C. 551. (b) Confidential commercial information means commercial or financial information received or obtained by the Department from a submitter, directly or indirectly, that arguably may be protected from disclosure under Exemption 4 of the FOIA. (c) The Department means the Department of Labor. (d) FOIA Component means an official component of the Department that has authority to disclose or withhold records under the FOIA and to which requests to inspect or copy records in its custody should be addressed. Department of Labor components are listed in Appendix A to this part. (e) Record means any information that would be an agency record subject to the requirements of this part when maintained by an agency in any format, including an electronic format, and any information described under this part that is maintained for an agency by an entity under Government contract, for the purposes of records management. (f) Request means any written request for records made pursuant to 5 U.S.C. 552(a)(3) and which meets the requirements of this part. (g) Requester means any person who makes a request. (h) Search means to look for, manually or by automated means, Department records for the purpose of locating them in response to a pending request. (i) The Secretary means the Secretary of Labor. (j) Submitter means any person or entity from whom the Department receives or obtains confidential commercial or financial information, directly or indirectly. The term submitter includes, but is not limited to, corporations, labor organizations, non-profit organizations, and local, state, and tribal and foreign governments. (k) Unusual circumstances means, to the extent reasonably necessary for the proper processing of a FOIA request: (1) The need to search for and collect the requested records from physically separate facilities; (2) The need to search for, col… | ||||||
| 29:29:1.1.1.1.40.1.81.3 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | A | Subpart A—General | § 70.3 Presumption of openness. | DOL | All agency records, except those exempt from mandatory disclosure by one or more provisions of 5 U.S.C. 552(b) or the law enforcement exclusions in 5 U.S.C. 552(c), will be made promptly available to any person submitting a written request in accordance with the procedures of this part. The Department will withhold records under the FOIA only when the Department reasonably foresees that disclosure would harm an interest protected by a FOIA exemption or is prohibited by law. Whenever the Department determines that full disclosure of a requested record is not possible, the Department will consider whether partial disclosure is possible and will take reasonable steps to segregate and release nonexempt material. As set forth in Sec. 70.4, the Department proactively identifies and discloses records of interest to the public. | ||||||
| 29:29:1.1.1.1.40.1.81.4 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | A | Subpart A—General | § 70.4 Proactive disclosure of Departmental records. | DOL | Records that are required by the FOIA, 5 U.S.C. 552(a)(2), to be made available for public inspection in an electronic format may be accessed through the Department's Web site. Each component is responsible for determining which of its records are required to be made publicly available, as well as identifying additional records of interest to the public that are appropriate for public disclosure, and for posting and indexing such records. Each component must review and update its Web site of posted records and indices on an ongoing basis. | ||||||
| 29:29:1.1.1.1.40.1.81.5 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | A | Subpart A—General | § 70.5 Compilation of new records. | DOL | Nothing in 5 U.S.C. 552 or this part requires that any agency or component create a new record in order to respond to a request for records. A component must, however, make reasonable efforts to search for records that already exist in electronic form or format, except when such efforts would significantly interfere with the operation of the component's automated information systems. The component will determine what constitutes a reasonable effort on a case-by-case basis. | ||||||
| 29:29:1.1.1.1.40.1.81.6 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | A | Subpart A—General | § 70.6 Disclosure of originals. | DOL | (a) No original record or file in the custody of the Department of Labor, or of any component or official thereof, will on any occasion be given to any agent, attorney, or other person not officially connected with the Department without the written consent of the Secretary, the Solicitor of Labor or the Inspector General. (b) The individual authorizing the release of the original record or file must ensure that a copy of the document or file is retained in the component that had custody and/or control when an original document or file is released pursuant to this subpart. | ||||||
| 29:29:1.1.1.1.40.1.81.7 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | A | Subpart A—General | §§ 70.7-70.18 [Reserved] | DOL | |||||||
| 29:29:1.1.1.1.40.2.81.1 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.19 Requirements for making a request. | DOL | (a) General information. The Department of Labor has a decentralized system for responding to requests submitted under the FOIA, as explained in § 70.1 of this part. In addition to processing requests for its own records, each agency component has the ability to receive FOIA requests in writing by mail, delivery service/courier or facsimile at its designated mailing address. However, to enable proper handling, any FOIA request submitted electronically, by email, must be submitted to the Department's central FOIA mailbox at foiarequests@dol.gov. FOIA requests sent electronically to any other email address will not be accepted. A FOIA request submitted via email should designate the component or components to which the requester is submitting his/her request. The Department's central FOIA mailbox is regularly monitored, and requests will be assigned to the appropriate DOL FOIA component. (b) Request for records. To make a request for records of the Department, whenever possible, a requester should write directly to the FOIA office of the component that maintains the records sought or, if emailing a request to the DOL central FOIA mailbox, should identify the component(s) to which the request is directed. Submitting the request directly to the FOIA office of the component that maintains the records sought, or identifying that component when sending a FOIA request via email, will facilitate the quickest response. The requester must provide a mailing address to receive correspondence, and it may facilitate processing if telephone and email contact information are provided. (1) The Department's components for the purposes of the FOIA are listed in Appendix A to this part. The function and mailing address of each Department of Labor component is available on the Department's FOIA Web site at http://www.dol.gov/dol.foia. This page also provides other information that is helpful in determining where to make a request. (2) Requesters who cannot determine the proper FOIA office component or who are requesting rec… | ||||||
| 29:29:1.1.1.1.40.2.81.10 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | §§ 70.28-70.37 [Reserved] | DOL | |||||||
| 29:29:1.1.1.1.40.2.81.2 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.20 Responsibility for responding to requests. | DOL | (a) In general. Except in the instances stated in paragraph (d) of this section, the component that first receives a request for a record and maintains that record is the component responsible for responding to the request. In determining which records are responsive to a request, a component ordinarily will include only records in its possession as of the date that the component begins the search; if any other date is used, the component will inform the requester of that date. A record that is excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c), is not considered responsive to a request. When it is determined that records responsive to a request may be located in multiple components of the Department, the Office of Information Services may coordinate the Department's response. If the Office of Information Services deems a consolidated response appropriate, it will issue such a response on behalf of the Department. (b) Authority to grant or deny requests. Pursuant to relevant exemptions under 5 U.S.C. 552(b) or an exclusion under 5 U.S.C. 552(c), the head of a component, or designee, is authorized to grant or to deny any requests for records that are maintained by that component. (c) Re-routing of misdirected requests. Where a component's FOIA office determines that a request was misdirected within the Department, the receiving component's FOIA office will work with OIS to facilitate the routing of the request to the FOIA office of the proper component(s). (d) Consultations and referrals. When a component is reviewing records in response to a request, it will determine if another component of the Department, or of the Federal Government, is better able to determine whether the record can be disclosed or is exempt from disclosure under the FOIA. If the receiving component determines that it is not best able to process the record, then the receiving component will either: (1) Respond to the request after consulting with the component or agency best able to determine whether to disclos… | ||||||
| 29:29:1.1.1.1.40.2.81.3 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.21 Responses to requests. | DOL | (a) In general. Components should, to the extent practicable, communicate with requesters using the method that is most likely to increase the speed and efficiency of the communication, including by electronic means, such as by email. (b) Acknowledgements of requests. A component will acknowledge each new request and assign it an individualized tracking number. Components will include in the acknowledgment a brief description of the records sought to allow the requesters to more easily keep track of their requests. (c) Granting a request. After a component makes a determination to grant a request in full or in part, the component will notify the requester in writing. The component will provide the record in the form or format requested if the record is readily reproducible in that form or format, provided the requester has agreed to pay and/or has paid any fees required by subpart C of this part. The component will determine on a case-by-case basis what constitutes a readily reproducible format. Each component should make reasonable efforts to maintain its records in commonly reproducible forms or formats. The component must notify the requester of the right to seek assistance from the Department's FOIA Public Liaison. (d) Adverse determinations of requests. A component making an adverse determination denying a request in any respect must notify the requester in writing. Adverse determinations, or denials of requests, include decisions that: The requested record is exempt, in whole or in part, from release pursuant to one or more exemptions under the FOIA, 5 U.S.C. 552; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily producible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials for requests for expedited processing. (e) Con… | ||||||
| 29:29:1.1.1.1.40.2.81.4 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.22 Appeals from denial of requests. | DOL | (a) A requester may appeal to the Solicitor of Labor from any adverse determination, including but not limited to when one or more of the following has occurred: A request for access to records has been denied in whole or in part; a requester disputes a determination that records cannot be located or have been destroyed; a requester disputes a determination by a component concerning the assessment or waiver of fees; a requester disputes the denial of a request for expedited processing; or a component fails to respond to a request within the time limits set forth in the FOIA and referenced in 70.25(a). The appeal must be filed within 90 days of the date of the action being appealed. (b) The appeal must state in writing the grounds for appeal, and it may include any supporting statements or arguments, but such statements are not required. In order to facilitate processing of the appeal, the appeal should include the assigned request number (if applicable), appellant's mailing address and daytime telephone number, as well as copies of the initial request and the component's response. If mailed, the envelope and the letter of appeal should be clearly marked: “Freedom of Information Act Appeal.” Any amendment to the appeal must be in writing and received prior to a decision on the appeal. (c) The appeal should be addressed to the Solicitor of Labor, Office of the Solicitor, FOIA Appeals Unit, Division of Management and Administrative Legal Services, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-2420, Washington, DC 20210. Appeals also may be submitted by fax to 202-693-5538 or by email to foiaappeal@dol.gov. Appeals submitted to any other email address will not be accepted. | ||||||
| 29:29:1.1.1.1.40.2.81.5 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.23 Action on appeals. | DOL | The Solicitor of Labor, or designee, will review the appellant's appeal and make a determination de novo whether the action of the component was proper and in accordance with the applicable law. | ||||||
| 29:29:1.1.1.1.40.2.81.6 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.24 Form and content of action on appeals. | DOL | The disposition of an appeal will be issued by the Solicitor of Labor or designee in writing. A decision affirming, in whole or in part, the decision below will include a brief statement of the reason or reasons for the affirmance, including the FOIA exemption or exemptions relied upon, and its relation to each record withheld. The appeal determination will advise the requester of the availability of the mediation services of the Office of Government Information Services (OGIS) as a non-exclusive alternative to litigation. The appeal will also notify the requester of the statutory right to judicial review of the denial by the United States District Court for the judicial district in which the requester resides or maintains his or her principal place of business, the judicial district in which the requested records are located, or the District of Columbia. If it is determined on appeal that a record should be disclosed, the record will be provided in accordance with the decision on appeal. If it is determined that records should be denied in whole or in part, the appeal determination will include an estimate of the volume of records or information withheld, in number of pages or in some other reasonable form of estimation. This estimate does not need to be provided if the volume is otherwise indicated through deletions on records disclosed in part, or if providing an estimate would harm an interest protected by an applicable exemption. | ||||||
| 29:29:1.1.1.1.40.2.81.7 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.25 Time limits and order in which requests and appeals must be processed. | DOL | (a) Time limits. The FOIA establishes a 20 business day deadline for regular requests and appeals, and a 10 calendar day time limit for making determinations regarding expedited processing. Components of the Department of Labor will comply with the time limits required by the FOIA for responding to and processing requests and appeals. In instances involving misdirected requests that are re-routed pursuant to § 70.20(c) of this subpart, the response time will commence on the date that the request is received by the proper component's office that is designated to receive requests, but in any event not later than 10 working days after the request is first received by any component's office that is designated by these regulations to receive requests. A component or the designated appeal authority will notify a requester whenever they are unable to respond to or process the request or appeal within the time limits established by the FOIA. (b) Multitrack processing. All components must designate a specific track for requests that are granted expedited processing, in accordance with the standards set forth in paragraph (d) of this section. A component may also designate additional processing tracks that distinguish between simple and complex requests based on the estimated amount of work and/or time needed to process the request, including based on the number of pages involved and the need for consultations or referrals. Components shall advise the requesters of the track into which their request falls and, when appropriate, shall offer the requester an opportunity to limit the scope of their requests in order to qualify for faster processing within the specified limits of the component's faster track. (c) Unusual circumstances. (1) Where the statutory time limits for processing a request cannot be met because of “unusual circumstances,” as set forth in the FOIA at 5 U.S.C. 552(a)(6)(B)(i)-(iii), and the component determines to extend the time limits on that basis, the component shall, before the expiration of t… | ||||||
| 29:29:1.1.1.1.40.2.81.8 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.26 Confidential commercial information. | DOL | (a) In general. Confidential commercial information will be disclosed under the FOIA only in accordance with this section and Executive Order 12,600, “Predisclosure Notification Procedures for Confidential Commercial Information” (3 CFR 1988 Comp., p.235). (b) Designation of confidential commercial information. A submitter of confidential commercial information will use good-faith efforts to designate, by appropriate markings, either at the time of submission or at a reasonable time thereafter, any portions of its submission that it considers to be protected from disclosure under Exemption 4. These designations will expire ten years after the date of the submission unless the submitter requests, and provides justification for, a longer designation period. (c) Notice to submitters. A component will provide a submitter with prompt written notice of a FOIA request that seeks its confidential commercial information whenever required under paragraph (d) of this section, except as provided in paragraph (g) of this section, in order to give the submitter an opportunity to object in writing to disclosure of any specified portion of that information under paragraph (e) of this section. The notice will either describe the confidential commercial information requested or include copies of the requested records or record portions containing the information. When notification to a voluminous number of submitters is required, notification may be made by posting or publishing notice reasonably likely to accomplish such notification. (d) When notice is required. Notice will be given to a submitter whenever: (1) The information requested under the FOIA has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or (2) A component has reason to believe that the information requested under the FOIA may be protected from disclosure under Exemption 4, but has not yet determined whether the information is protected from disclosure under that exemption or any ot… | ||||||
| 29:29:1.1.1.1.40.2.81.9 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | B | Subpart B—Procedures for Disclosure of Records Under the Freedom of Information Act | § 70.27 Preservation of records. | DOL | Each component will preserve all correspondence relating to the requests it receives under this part, and all records processed pursuant to such requests, until disposition or destruction of such correspondence and records is authorized by Title 44 of the United States Code or the National Archives and Records Administration's General Records Schedule 4.2. Records are not to be destroyed while they are the subject of a pending request, appeal, or lawsuit under the Act. | ||||||
| 29:29:1.1.1.1.40.3.81.1 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | C | Subpart C—Costs for Production of Records | § 70.38 Definitions related to costs. | DOL | The following definitions apply to this subpart: (a) Request, in this subpart, includes any request, as defined by § 70.2(f) of this part. (b) Direct costs means those expenditures which a component actually incurs in searching for and duplicating (and in the case of commercial use requests, reviewing) records to respond to a FOIA request. Direct costs include, for example, the salary of the Federal employee performing work (the basic rate of pay for the Federal employee plus 16 percent of that rate to cover benefits) and the cost of operating duplication machinery. Not included in direct costs are overhead expenses such as costs of space, heating or lighting the facility in which the records are kept. (c) Duplication means the process of making a copy of a record necessary to respond to a request. Such copy can take the form of paper, microform, audio-visual materials or electronic records (such as a CD or other media). (d) Search means the process of looking for and retrieving records or information that are responsive to a FOIA request. It includes page-by-page or line-by-line identification of information within records and also includes reasonable efforts to locate and retrieve information from records maintained in electronic form or format. FOIA components will ensure that searches are done in the most efficient and least expensive manner reasonably possible. A search does not include the review of material, as defined in paragraph (e) of this section, which is performed to determine whether material is exempt from disclosure. (e) Review means the process of examining records, including audio-visual, electronic mail, etc., located in response to a request to determine whether any portion of the located record is exempt from disclosure, and accordingly may be withheld. It also includes the act of preparing materials for disclosure, i.e., doing all that is necessary to excise them and otherwise prepare them for release. Review time includes time spent contacting any submitter, and considerin… | ||||||
| 29:29:1.1.1.1.40.3.81.2 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | C | Subpart C—Costs for Production of Records | § 70.39 Statutes specifically providing for setting of fees. | DOL | This subpart will not apply to fees charged under any statute, other than the FOIA, that specifically requires an agency to set and collect fees for particular types of records. | ||||||
| 29:29:1.1.1.1.40.3.81.3 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | C | Subpart C—Costs for Production of Records | § 70.40 Charges assessed for the production of records. | DOL | (a) General. Components shall charge for processing requests under the FOIA in accordance with the provisions of this section and with the OMB Guidelines. In order to resolve any fee issues that arise under this section, a component may contact a requester for additional information. Components will ensure that searches, review, and duplication are conducted in the most efficient and least expensive manner. A component ordinarily will collect all applicable fees before sending copies of records to the requester. (b) Types of charges. There are three types of charges assessed in connection with the production of records in response to a request, specifically, charges for costs associated with: (1) Searching for or locating responsive records (search costs), (2) Duplicating such records (duplication costs), and (3) Reviewing records to determine whether any materials are exempt (review costs). (c) Types of requesters. (1) There are four types of requesters: (i) Commercial use requesters, (ii) Educational and non-commercial scientific institutions, (iii) Representatives of the news media, and (iv) All other requesters. (2) Depending upon the type of requester, as set forth in paragraph (c)(1) of this section, the charges outlined in paragraph (d) of this section may be assessed. (d) Types of charges that will be assessed for each type of request —(1) Commercial use request. When a requester makes a commercial use request, search costs, duplication costs and review costs will be assessed in their entirety. (2) Educational or non-commercial scientific institution request. When an educational or non-commercial scientific institution makes a request, only duplication costs will be assessed, excluding charges for the first 100 pages. (3) Request by representative of news media. When a representative of the news media makes a request, only duplication costs will be assessed, excluding charges for the first 100 pages. (4) All other requesters. Requesters making a request which does not fall wit… | ||||||
| 29:29:1.1.1.1.40.3.81.4 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | C | Subpart C—Costs for Production of Records | § 70.41 Waiver or reduction of fees. | DOL | (a) Requirements for waiver or reduction of fees. (1) Records responsive to a request will be furnished without charge or at a charge reduced below that established under § 70.40(e) of this subpart, where a component determines, based on all available information, that the requester has demonstrated that: (i) Disclosure of the requested 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 (ii) Disclosure of the information is not primarily in the commercial interest of the requester. (2) To determine whether the requirement of paragraph (a)(1)(i) of this section is met, components will consider the following factors: (i) The subject of the request: Whether the subject of the requested records concerns “the operations or activities of the government.” The subject of the requested records must concern identifiable operations or activities of the federal government, with a connection that is direct and clear, not remote or attenuated. (ii) The informative value of the information to be disclosed: Whether the disclosure is “likely to contribute” to an understanding of government operations or activities. The disclosable portions of the requested records must be meaningfully informative about government operations or activities in order to be “likely to contribute” to an increased public understanding of those operations or activities. The disclosure of information that already is in the public domain, in either a duplicative or a substantially identical form, would not be as likely to contribute to such understanding where nothing new would be added to the public's understanding. (iii) The contribution to an understanding of the subject by the public likely to result from disclosure: Whether disclosure of the requested information will contribute to “public understanding.” The disclosure must contribute to the understanding of a reasonably broad audience of persons interested in the subject, as opp… | ||||||
| 29:29:1.1.1.1.40.3.81.5 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | C | Subpart C—Costs for Production of Records | § 70.42 Consent to pay fees. | DOL | (a) The Department will not assess or collect fees where the fee to be assessed, after deducting any free pages and/or search time, is less than $25.00. When making a request, a requester may specify a willingness to pay up to a certain amount, e.g., $50.00 or $200. (b) No request will be processed if a component reasonably believes that the fees are likely to exceed the amount to which the requester has originally consented, absent supplemental written consent by the requester to proceed after being notified of this determination. (c) When a component determines or estimates that the fees to be assessed in accordance with this section will exceed $25.00, the component shall notify the requester of the actual or estimated amount of the fees, including a breakdown of the fees for search, review or duplication, unless the requester has indicated a willingness to pay fees as high as those anticipated. If only a portion of the fee can be estimated readily, the component must advise the requester accordingly. Such notice may invite the requester to reformulate the request to satisfy his or her needs at a lower cost. (d) Components must make available their FOIA contact to assist any requester in reformulating a request to meet the requester's needs at a lower cost. | ||||||
| 29:29:1.1.1.1.40.3.81.6 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | C | Subpart C—Costs for Production of Records | § 70.43 Payment of fees. | DOL | (a) De minimis costs. As noted in § 70.42(a) of this subpart, the Department has determined it will not assess or collect fees below $25.00. In these cases, the cost of collecting and processing a fee equals or exceeds the amount of the fee which would otherwise be assessed. The Department will assess fees where the costs to be assessed, after deduction of any free pages and/or search time, is $25.00 or higher. (b) How payment will be made. Requesters will pay fees assessed by check or money order made payable to the Treasury of the United States, and sent to the component that is processing the request. (c) Advance payments and billing. (1) Prior to beginning to process a request, the component will make a preliminary assessment of the amount that can properly be charged to the requester for search and review time and copying costs. Where a component determines or estimates that a total fee to be charged under this section will be more than $250.00, the component will require the requester to make an advance payment of an amount up to the entire anticipated fee before beginning to process the request. The component may waive the advance payment where the component receives a satisfactory assurance of full payment from a requester who has a history of prompt payment of an amount similar to the one anticipated by the request. (2) Where a requester has previously failed to pay a properly charged FOIA fee to any component of the Department of Labor within 30 days of the date of billing, a component will require the requester to pay the full amount due, plus any applicable interest as provided in Sec. 70.40(f) and to make an advance payment of the full amount of any anticipated fee, before the component begins to process a new request or appeal or continues to process a pending request or appeal from that requester. (3) For a request other than those described in paragraphs (c)(1) and (2) of this section, a component will not require the requester to make an advance payment before beginning to process a req… | ||||||
| 29:29:1.1.1.1.40.3.81.7 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | C | Subpart C—Costs for Production of Records | § 70.44 Other rights and services. | DOL | Nothing in this subpart will be construed to entitle any person, as of right, to any service or to the disclosure of any records to which such person is not entitled under the FOIA. | ||||||
| 29:29:1.1.1.1.40.3.81.8 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | C | Subpart C—Costs for Production of Records | §§ 70.45-70.52 [Reserved] | DOL | |||||||
| 29:29:1.1.1.1.40.4.81.1 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | D | Subpart D—Public Records and Filings | § 70.53 Office of Labor-Management Standards. | DOL | (a) The following documents in the custody of the Office of Labor-Management Standards are public information available for inspection and/or purchase of copies in accordance with paragraphs (b) and (c) of this section. (1) Data and information contained in any report or other document filed pursuant to sections 201, 202, 203, 211, 301 of the Labor-Management Reporting and Disclosure Act of 1959 (73 Stat. 524-28, 530, 79 Stat. 888, 73 Stat. 530, 29 U.S.C. 431-433, 441, 461). (2) Data and information contained in any report or other document filed pursuant to the reporting requirements of 29 CFR part 458, which are the regulations implementing the standards of conduct provisions of the Civil Service Reform Act of 1978, 5 U.S.C. 7120, and the Foreign Service Act of 1980, 22 U.S.C. 4117. The reporting requirements are found in 29 CFR 458.3. (3) Data and information contained in any report or other document filed pursuant to the Congressional Accountability Act of 1995, 2 U.S.C. 1351, 109 Stat. 19. (b) The documents listed in paragraph (a) of this section are available from: U.S. Department of Labor, Office of Labor-Management Standards, Public Disclosure Room, N-1519, 200 Constitution Avenue NW., Washington, DC 20210. Reports filed pursuant to section 201 of the Labor-Management Reporting and Disclosure Act of 1959 and pursuant to 29 CFR 458.3 implementing the Civil Service Reform Act of 1978 and the Foreign Service Act of 1980 for the year 2000 and thereafter are also available at http://www.union-reports.dol.gov. (c) Pursuant to 29 U.S.C. 435(c) which provides that the Secretary will by regulation provide for the furnishing of copies of the documents listed in paragraph (a) of this section, upon payment of a charge based upon the cost of the service, these documents are available at a cost of $ .15 per page for record copies furnished. Authentication of copies is available in accordance with the fee schedule established in Sec. 70.40. In accordance with 5 U.S.C. 552(a)(4)(A)(vi), the provisions for fees, fee… | ||||||
| 29:29:1.1.1.1.40.4.81.2 | 29 | Labor | 70 | PART 70—PRODUCTION OR DISCLOSURE OF INFORMATION OR MATERIALS | D | Subpart D—Public Records and Filings | § 70.54 Employee Benefits Security Administration. | DOL | (a) The annual financial reports (Form 5500) and attachments/schedules as filed by employee benefit plans under the Employee Retirement Income Security Act (ERISA) are in the custody of the Employee Benefits Security Administration (EBSA) at the address indicated in paragraph (b) of this section, and the right to inspect and copy such reports, as authorized under ERISA, at the fees set forth in this part, may be exercised at such office. (b) The mailing address for the documents described in this section is: U.S. Department of Labor, Employee Benefits Security Administration, Public Documents Room, 200 Constitution Avenue NW., Washington, DC 20210. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);