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B-231208 1 (1988-08-18)

handle is hein.gao/gaobadnej0001 and id is 1 raw text is: The Comptroller General /Z of the United States -. Washington, D.C. 2058 Decision Matterof- Department of Energy--Claim for Expert Witness Expenses File: B-231208 Date: August 18, 1988 DIGEST An employee of the Department of Energy (DOE) requested payment for expert witness fees incurred due to a cancel- ation by the agency of the original hearing date. The payment of the witness fees by DOE may not be allowed in the absence of specific statutory authority. DECISION This decision is in response to a request by an authorized certifying officer of the Department of Energy (DOE) for an advance decision on the legality of certifying for payment an employee's claim for reimbursement of witness expenses caused by the postponement of a hearing, through no fault of the employee's, which had been scheduled under title 10 of the Code of Federal Regulations, Part 710. We hold that the claim must be denied because of the absence of specific statutory authority to pay such expenses. BACKGROUND The report from DOE indicates that the employee requested an administrative hearing under title 10 of the Code of Federal Regulations (CFR), Part 710 to consider evidence concerning the eligibility of the employee for continued DOE access authorization (security clearance). The hearing was scheduled to take place on February 26, 1988. Due to the sudden unavailability of DOE's expert witness because of a serious family illness, the hearing was canceled at DOE's request 24 hours before the hearing date and rescheduled for a later time. c~~-4~cD /3 Ce iP2

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