Costs

The Commonwealth of Virginia recognizes there is a cost associated with fulfilling FOIA requests. As such, Va. Code § 2.2-3704(F) authorizes any public body to make reasonable charges not to exceed its actual cost incurred in accessing, duplicating, supplying, or searching for the requested records.

Virginia Tech strives to provide records at no cost and makes all reasonable efforts to supply requested records at the lowest possible cost. However, in cases where costs are to be applied, such as those requiring significant staff time, Virginia Tech will notify you in advance and you will have an opportunity to request an estimate of the charges for supplying the records you have requested. This will allow you to know about any costs upfront, or give you the opportunity to modify your request in an attempt to lower the estimated costs.

If Virginia Tech estimates it will cost more than $200 to respond to your request, consistent with Va. Code § 2.2-3704(H) Virginia Tech will require you to pay a deposit, not to exceed the amount of the estimate, before proceeding with your request. The statutory periods for response times are held in abeyance pending the resolution of cost issues.

Virginia Tech’s charges will generally include items like staff time spent searching for the requested records, copying costs, or any other costs directly related to supplying the requested records, which may include costs associated with the use of any specialized software. Virginia Tech charges are based on the hourly rate of the base salary of the employee who will access, duplicate, supply, or search for the requested records, including time for research, data analysis, report preparation, and redaction, if required.

Pursuant to Va. Code § 3704(I), if you owe Virginia Tech money from a previous FOIA request that has remained unpaid for more than 30 days, Virginia Tech will require payment of the amount owed before responding to your new FOIA request.

An estimate is just that – an estimate. Actual costs may be greater than or less than the estimated amount.  The University will refund any overage paid, or invoice for additional monies owed. All payments may be made online by credit card, debit card, or electronic check.  Arrangements can also be made for paying offline.

For questions about how Virginia Tech charges for FOIA requests, email FOIA@vt.edu.