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. 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. Administrative History: Original rule filed November 6, 2001; effective March 30, 2002. TENNESSEE BUREAU OF INVESTIGATION POLICY REGARDING CHAPTER 1395-1-6 PRODUCTION OF DOCUMENTS AND TESTIMONY 1395-1-1-.07 CERTIFICATION OF RECORDS. (1) Whenever official attestation, sealing, and certification of records, reports, documents, and actions are required by law, certification does not create any greater or additional certification than authorized by law. (2) Every report of the FSD rendered or administered in connection with any case in a criminal, juvenile, or municipal court, or when otherwise required by law, or dealing with alcohol or drug content of blood, breath or urine shall bear the following certification: Certification: I certify and attest that this document is the proper record it purports to be. /s/ Designated Representative of TBI Director (3) The following persons shall be responsible for the certification of any FSD report prepared at a bureau facility under their supervision: (a) the assistant director for forensic services; or (b) any crime laboratory regional supervisor. (4) The certification of criminal histories, when required by law, shall bear the certification in (2) above, and shall also contain the following certification: I hereby attest that the above is a true and accurate xerographic representation of the fingerprints of: as maintained by the State Central Repository of Criminal History Records by the Records and Identification Unit of the Tennessee Bureau of Investigation. I further attest that I am the Supervisor of the Records and Identification Unit and Official Custodian of Records for the Tennessee Bureau of Investigation. Signature of Custodian of Records Date Typed or Printed Name (5) The attestation, scaling and certification of records, reports, documents, and actions other than those listed above, including the authentication of identification of bureau personnel with the public and internal documents of the bureau, shall be executed by the director, deputy director, assistant director, information systems director, personnel director, or general counsel, as appropriate to the material certified. (6) All certification shall contain the official bureau seal as follows: TENNESSEE BUREAU OF INVESTIGATION POLICY REGARDING CHAPTER 1395-1-6 PRODUCTION OF DOCUMENTS AND TESTIMONY When the seal is used, it may be affixed by being printed or impressed.