(a) Unless a person making a request under the Freedom of Information Act states that he or she will bear all assessed fees levied by the Commission in searching for and, where applicable, reproducing requested data, said person will be held liable for assessed fees not to exceed $25.00. A request which the Commission expects to exceed $25.00 and which does not state acceptance of responsibility for all assessed fees will not be deemed to have been received until the person making the request is promptly advised of the anticipated fees and agrees to bear them.
(b) A search fee will be assessable notwithstanding that no records responsive to the request or that no records not exempt from disclosure are found.
(c) The Commission shall require payment in full prior to the commencement or continuation of work on a request if:
(1) It estimates or determines that the allowable charges will exceed $250, unless the requester has a history of prompt payment of FOIA fees, in which case the Commission may obtain satisfactory assurance of prompt payment; or
(2) The requester has previously failed to pay fees within 30 days of the date of billing. [40 FR 8171, Feb. 26, 1975, as amended at 52 FR 13830, Apr. 27, 1987]