(a) A witness testifying at a hearing before an administrative law
judge, or whose deposition is taken, shall receive the same fees and
mileage as witnesses in courts of the United States. If the witness is
an expert, he or she shall be entitled to an expert witness fee. Except
as provided in paragraphs (b) and (c) of this section, such fees shall
be paid by the proponent of the witness.
(b) If the witness' proponent does not intend to call the witness
to appear at a hearing or deposition, any other party may subpoena the
witness for cross-examination. The administrative law judge (ALJ) shall
authorize the least intrusive and expensive means of cross-examination
as the ALJ deems appropriate and necessary to the full and true
disclosure of the facts. If such witness is required to attend the
hearing, give a deposition or respond to interrogatories for cross-
examination purposes, the proponent of the witness shall pay the
witness' fee. The fund shall remain liable for any costs associated
with the cross-examination of the physician who performed the complete
pulmonary evaluation pursuant to Sec. 725.406.
(c) If a claimant is determined entitled to benefits, there may be
assessed as costs against a responsible operator, if any, or the fund,
fees and mileage for necessary witnesses attending the hearing at the
request of the claimant. Both the necessity for the witness and the
reasonableness of the fees of any expert witness shall be approved by
the administrative law judge. The amounts awarded against a responsible
operator or the fund as attorney's fees, or costs, fees and mileage for
witnesses, shall not in any respect affect or diminish benefits payable
under the Act.
(d) A claimant shall be considered to be deprived of funds required
for ordinary and necessary living expenses for purposes of paragraph
(b) of this section where payment of the projected fee and mileage
would meet the standards set forth at 20 CFR 404.508.
