(a) Except as provided in subsection (b) of this section, the Secretary shall charge a fee of $5 per fingerprint card to each individual who requests that the individual be fingerprinted.

(b) A fee may not be charged to an individual who is:

(1) fingerprinted as a matter of procedure in a law enforcement action;

(2) required to have fingerprints retaken because of any fault or error by the Department during the preparation of the fingerprint card; or

(3) otherwise declared by the Secretary to be exempt from this section.

(c) Subject to the Administrative Procedure Act, the Secretary shall adopt regulations to carry out this section.