Current through Register Vol. 43, No. 02, November 27, 2024
(1) SCOPE. This regulation applies to the
Department's authority to make payments to certain persons who are asked to
provide information to the Department. Also, it specifies that witnesses, in
general, will not be reimbursed for actual expenses incurred, but instead will
be paid in accordance with the payment rates established by
regulations.
(2) DEFINITIONS. The
following terms have the meanings ascribed to them for purposes of this
regulation:
(a) Directly incurred costs.
Directly incurred costs are costs incurred solely and necessarily as a
consequence of searching for, reproducing, or transporting records in order to
comply with a summons. They do not include a proportionate allocation of fixed
costs, such as overhead, equipment depreciation, etc. However, where a third
party's records are stored at an independent storage facility that charges the
third party a search fee to search for, reproduce, or transport particular
records requested, these fees are considered to be directly incurred by the
summoned third party.
(b)
Reproduction costs. Reproduction costs are costs incurred in making copies or
duplicates of summoned documents, transcripts, and other similar
material.
(c) Search costs. Search
costs include only the total cost of personnel time directly incurred in
searching for records or information and the cost of retrieving information
stored by computer. Salaries of persons locating and retrieving summoned
material are not to be included in search costs. Also, search costs do not
include salaries, fees, or similar expenditures for analysis of material or for
managerial or legal advice, expertise, or research, or time spent for these
activities.
(d) Third party. A
third party is any person served with a summons, other than a person with
respect to whose liability a summons is issued, or an officer, employee, agent,
accountant, or attorney of that person.
(e) Third party records. Third party records
are books, papers, records, or other data in which the person with respect to
whose liability a summons is issued does not have a proprietary interest at the
time the summons is served.
(f)
Transportation costs. Transportation costs include only costs incurred to
transport personnel to search for records or information requested and costs
incurred solely by the need to transport the summoned material to the place of
examination. These costs do not include the cost of transporting the summoned
witness for appearance at the place of examination.
(3) PURPOSE. The purpose of this regulation
is to outline the reimbursement procedures for third parties to follow in
providing summoned records and to outline the reimbursement procedures for
summoned witnesses.
(4) Conditions
and rates of payments.
(a) Basis for payment.
Payment for search, reproduction, and transportation costs will be made only to
third parties served with a summons to produce third party records or
information and only for material requested by the summons.
Payment will be made only for these costs that are both
directly incurred and reasonably necessary. Search, reproduction, and
transportation costs must be considered separately in determining whether costs
are reasonably necessary. No payment will be made until the third party has
satisfactorily complied with the summons and has submitted to the Department
employee before whom the third party was summoned an itemized bill or invoice
showing specific details concerning the costs. If a third party charges any
other person for any cost for which the third party is seeking payment from the
Department, the amount charged to the other person must be subtracted from the
amount the Department may pay.
(b) Payment rates. The following rates are
established:
1. Search costs. For the total
amount of personnel time required to locate records or information, $8.50 per
person hour may be reimbursable. For retrieval of information stored by
computer in the format in which it is normally produced, actual costs, based on
computer time and necessary supplies may be reimbursed, except that personnel
time for computer search is payable as provided above.
2. Reproductions costs. For copes of
documents, $.20 per page for summoned materials may be reimbursable. For
photographs, films and other materials, actual cost may be reimbursed, except
that personnel time is payable only under subparagraph (4)(b)l.
above.
3. Transportation costs. For
transportation costs, actual cost may be reimbursed, except that personnel time
is payable only under subparagraph (4)(b)l. above.
(5) Attendance fees. A summoned
person shall be paid an attendance fee for each day's attendance. The
attendance fee shall apply to the time necessarily occupied in going to and
returning from the place of attendance at the beginning and end of the
attendance or at any time during the attendance. The attendance fee is
equivalent to the amount paid under
28 USC Section
1821(b) to witnesses in
attendance at courts of the United States at the time of the summoned person's
appearance.
(a) Travel allowances. A summoned
person who travels by common carrier shall be paid for the actual expenses of
travel on the basis of the means of transportation reasonably utilized and the
distance necessarily traveled to and from the summoned person's residence by
the shortest practical route in going to and returning from the place of
attendance. Such a summoned person shall utilize a common carrier at the most
economical rate reasonably available. A receipt or other evidence of actual
cost shall be furnished. A travel allowance equal to the mileage allowance
which the State of Alabama has prescribed for official travel of employees of
the state government shall be paid to each summoned person who travels by
privately owned vehicle. Toll charges for toll roads, bridges, tunnels, and
ferries, taxicab fares between places of lodging and carrier terminals, and
parking fees (upon presentation of a valid parking receipt) shall be reimbursed
in full to a summoned person incurring those expenses.
(b) Subsistence allowances. A subsistence
allowance shall be paid to a summoned person (other than a summoned person who
is incarcerated) when an overnight stay is required at the place of attendance
because the place is so far removed from the residence of the summoned person
as to prohibit return thereto from day to day. A subsistence allowance for a
summoned person shall be paid in an amount not to exceed the maximum per diem
allowance prescribed for official travel by employees of the state government.
Author: George Mingledorff, Charla
Doucet