Section 1395-01-06-.06 - EXPENSES(1) At the discretion of the general counsel, the bureau may seek to recover costs for compliance with legal process, including an attorney's fee for litigated matters.(2) Fees for compiling documents and materials, copying charges, and fees for expert and other testimony shall be charged at the level set in TBI Policy § 7-2-004 (Fees for Production of Documents and Testimony).(a) Unless otherwise authorized by statute or regulations, the fee charged shall be equal to the rated adopted by the United States Internal Revenue Service in the Internal Revenue Code, IRS Regulation § 301.7610-1(2)(l) & (ii). The charge shall be a per-copy fee and an hourly rate for all time spent collecting and reproducing the records.(b) If there is not agreement on payment of costs, then the bureau may move the court for costs, including attorney's fees for the time spent litigating the costs.(3) When bureau employees are subpoenaed as witnesses in civil cases as a result of work performed in their official capacities as employees of the State, the employee shall be considered on State business and the State shall be compensated for their time away from their primary duties. The employee must submit a memorandum to the appropriate supervisor itemizing expenses including the employee's salaried hourly rate, plus benefits and mileage at the State mileage rate, plus lodging, meals and incidentals, per State rates for overnight travel, and attach a copy of the subpoena to the memorandum. The name and address of the attorney shall be identified in the memorandum. Any remuneration relative to the serving of a subpoena or witness fee shall be forwarded to Fiscal Services for deposit in the General Fund for the State.Tenn. Comp. R. & Regs. 1395-01-06-.06
Original rule filed November 6, 2001; effective March 30, 2002.Authority: T.C.A. §§ 4-4-103, 10-7-504(a)(2), and 38-6-101, United States ex. rel Touhy vs Ragen, 340 U.S. 462, 71 S.Ct. 416, 95 L.Ed. 417 (1951), Tenn.R.Civ.P. 26, 30, and 45; Fed.R.Civ.P. 26, 30, and 45.