DDOT’s Compliance with D.C. FOIA Cost Provisions

On May 20, 2022, the Director of Open Government issued advisory opinion #OOG-2022-002_AO, which found that the District of Columbia Department of Transportation (“DDOT”) violated D.C. FOIA’s allowable cost provisions by improperly charging document review fees. The requests at issue were submitted for the Dupont East Civic Action Association (“DECAA”), a non-profit, and non-commercial requester. Under D.C. FOIA, DECAA falls within the category of requesters for which an agency may not charge document review fees. Therefore, DDOT may only assess DECAA reasonable standard charges for document search and duplication.