[Code of Federal Regulations]
[Title 4, Volume 1]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 4CFR28.26]

[Page 42]
 
                            TITLE 4--ACCOUNTS
 
               CHAPTER I--GOVERNMENT ACCOUNTABILITY OFFICE
 
PART 28_GOVERNMENT ACCOUNTABILITY OFFICE PERSONNEL APPEALS BOARD; PROCEDURES 
 
                          Subpart B_Procedures
 
Sec.  28.26  Witness fees.

    The costs involved in the appearance of witnesses in any Board 
proceeding shall be allocated as follows:
    (a) Persons employed by the GAO shall, upon request by the 
administrative judge to GAO, be made available to participate in the 
hearing and shall be in official duty status for this purpose and shall 
not receive witness fees. Payment of travel and per diem expenses shall 
be governed by applicable laws and regulations.
    (b) Employees of other federal agencies called to testify at a Board 
hearing shall, at the request of the administrative judge and with the 
approval of the employing agency, be in official duty status during any 
period of absence from their normal duties caused by their testimony, 
and shall not receive witness fees. Payment of travel and per diem 
expenses shall be governed by applicable laws and regulations. A party 
planning to call an employee of another federal agency as a witness 
shall promptly notify the administrative judge of the need to submit to 
the federal agency a request that the employee be granted official duty 
status. In the event that the employing agency refuses the request to 
release the employee-witness in an official duty status, the employee-
witness may be paid a witness fee in accordance with paragraph (c) of 
this section.
    (c) Witnesses who are not covered by paragraphs (a) or (b) of this 
section are entitled to the same witness fees as those paid to 
subpoenaed witnesses under 28 U.S.C. 1821. The fees shall be paid, in 
the first instance, by the party requesting the appearance of the 
witness, subject to a subsequent decision otherwise in accordance with 
Sec.  28.89, concerning the award of attorneys fees and costs. Such fees 
shall be tendered to the witness at the time the subpoena is served, or, 
when the witness appears voluntarily, at the time of appearance. A 
federal agency or corporation is not required to tender witness fees in 
advance. Payment of travel and per diem expenses shall be governed by 
applicable law and regulation.
    (d) When the General Counsel is the petitioner or is representing 
the petitioner, the General Counsel shall pay the witness fees and 
arrange for the travel and per diem expenses that are required by 
paragraph (c) of this section.