**§14.810 Fees.**

\(a\) The testimony of VA personnel as witnesses, particularly as expert
witnesses, and the production of VA records in legal proceedings subject
to §§14.800 through 14.810 are services which convey special benefits to
the individuals or entities seeking such testimony or production of
records above and beyond those accruing to the general public. These
services are not regularly received by or available without charge to
the public at large. Consequently, these are the sort of services for
which the VA may establish a charge for providing under 31 U.S.C. 9701.
The responsible VA official will determine all fees associated with
§§14.800 through 14.810, and shall timely notify the requester of the
fees, particularly those which are to be paid in advance.

\(b\) (1) When a request is granted under §14.808 to permit VA personnel
to testify in whole or in part as to expert, opinion or policy matters,
the requester shall pay to the government a fee calculated to reimburse
the cost of providing the witness. The fee shall include:

\(i\) Costs of the time expended by VA personnel to process and respond
to the demand or request;

\(ii\) Costs of attorney time expended in reviewing the demand or
request and any information located in connection with the demand or
request;

\(iii\) Expenses generated by materials and equipment used to search
for, produce, and copy the responsive information;

\(iv\) The cost of the time expended by the witness to prepare to
testify; and

\(v\) Costs of travel by the witness and attendance at trial.

\(2\) All costs for documents necessary for such expert testimony shall
be calculated as provided in VA regulations implementing the fee
provisions of the Freedom of Information Act, 5 U.S.C. 552.

\(c\) When an individual testifies in legal proceedings covered by these
regulations in any capacity other than as an expert witness, the
requester shall pay to the witness the fee and expenses prescribed for
attendance by the applicable rule of court. If no such fee is
prescribed, the applicable Federal rule, such as a local Federal
district court rule, will apply. No additional fee will be prescribed
for the time spent while testifying or in attendance to do so.

\(d\) When a requester wishes to interview VA personnel as part of legal
proceedings covered by these regulations, and such interview has been
approved in accordance with these regulations, the requester shall pay a
fee calculated upon the total hourly pay of the individual interviewed.

\(e\) When VA produces records in legal proceedings pursuant to §§14.800
through 14.810, the fees to be charged and paid prior to production of
the records shall be the fees charged by VA under its regulations
implementing the fee provisions of the Freedom of Information Act, 5
U.S.C. 552.

\(f\) Fees shall be paid as follows:

\(1\) Fees for copies of documents, blueprints, electronic tapes, or
other VA records will be paid to the VA office or station providing the
records, and covered to the General Fund of the Department of the
Treasury.

\(2\) Witness fees for testimony shall be paid to the witness, who shall
endorse the check "pay to the United States," and surrender it to his or
her supervisor. It shall thereafter be deposited in the General Fund.

\(3\) The private party requesting a VA witness shall forward in advance
necessary round trip tickets and all requisite travel and per diem
funds.

\(g\) A waiver of any fees in connection with the testimony of an expert
witness may be granted by the appropriate VA official at the official's
discretion provided that the waiver is in the interest of the United
States. Fee waivers shall not be routinely granted, nor shall they be
granted under circumstances which might create the appearance that the
VA or the United States favors one party or a position advocated by a
party to the legal proceeding. (Authority: 38 U.S.C. 501(a) and (b); 5
U.S.C. 301)

*End of Part 14*