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Federal Register / Vol. 86, No. 155 / Monday, August 16, 2021 / Rules and Regulations For a local hearing, the costs to the applicant would include 47 hours of opportunity costs of time for the applicant and representative assuming the representative is local, and 36 hours of opportunity costs of time to attend the hearing for two expert witnesses
hours + $102.00 for an attorney 47
hours + 2 expert witnesses at $70.74
each 36 hours = $13,946 depending on who the recipient uses as a representative. Table 4 shows the range of total costs for an applicant for hearings held at the applicants location.

assuming the expert witnesses are local and would range from $13,211 2
general and operations managers at $86.36 each 47 hours + 2 expert witnesses at $70.74 each 36 hours =
$13,211 to $13,946 $86.36 for a general and operations manager 47

TABLE 4APPLICANT COSTSLOCAL HEARING
2019$
Expert witnesses 1 Attorney and 1 Non-Attorney
2 Non-Attorneys

Cost for the Recipient The recipient would not present information in the arbitration case but would send one or more representatives in a supporting role for the applicant.

Opportunity cost of time
$5,093
5,093

The cost per arbitration case for the recipient is the opportunity costs of time for the representatives totaling $10,018 2 general and operations managers at $86.36 each 58 hours =
$10,018 and travel expenses $2,538 2

Total
$8,853
8,118

$13,946
13,211

representatives $1,269 of those attending the hearing in Washington, DC. As shown in table 5, the total cost to the recipient would be $12,556 if the hearing was held in Washington, DC.

TABLE 5ESTIMATED RECIPIENT COSTS, WASHINGTON, DC HEARING
2019$

General and Operations Managers

For a local hearing, two representatives would spend 47 hours on the case and the cost to the recipient would be $8,118 2 general and operations managers at $86.36 each 47
hours = $8,118.
Cost to Government/FEMA
FEMA would require two attorneys for a typical arbitration case, a GS13
step 5 attorney and a GS15 step 5
supervisory attorney, to review and to prepare a response to the request for arbitration. Based on historical experience, the two attorneys total time from preparation to post hearing is 47
hours.33 The opportunity costs of time of the attorneys, including preparation and review of a case, is $8,832 $78.62
GS13 Step 5 attorney 47 hours +
$109.30 GS 15 Step 5 Supervisory Attorney 47 hours = $8,832.

Opportunity cost of time
Travel
Total
$10,018

$2,538

$12,556

Based on historical experience, FEMA
would also require four non-attorneys e.g., GS13 Step 5 program analysts to support the arbitration case only for the duration of the hearing. The opportunity costs of time associated with the program analysts would be $5,032 4
GS13 Step 5 program analysts at $78.62 each 16 hours = $5,032. Thus, the total opportunity costs of time for all six FEMA personnel would be $13,864.
FEMA would also call their own expert witnesses to attend the hearing. Based on historical experience, FEMA assumes that it would use four expert witnesses per case 34 for a total of $10,188 $2,547
cost per expert witness 4 expert witnesses = $10,188. The expert witnesses provide testimony on a range of subjects, for example soil degradation or building construction.

Arbitration hearings do not require transcription services. However, FEMA
has historically hired a court reporter for hearings and provided the transcript to the CBCA for their records. FEMA
will continue to pay for a court reporter for the duration of a hearing under the final rule, but will not provide a transcript to the CBCA. The opportunity costs of time for the court reporter services for a transcript would be $730
per arbitration case $45.63 per hour wages for Court Reporters and Simultaneous Captioners 16 hours of arbitration time = $730.
The estimated total cost to FEMA, including staff time, expert witnesses, and transcript services, would be $24,782 per case. Table 6 presents the cost of each component by opportunity cost of time and other costs.

TABLE 6ESTIMATED FEMA COSTSWASHINGTON, DC HEARING

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2019$

Cost for four expert witnesses
Cost of court reporter
Cost for FEMA employees 2 attorneys and 4 program analysts
Total per-case cost to FEMA

$10,188

$730

$13,864

$24,782

33 Based on information provided by FEMA Office of Chief Counsel Disaster Disputes Branch.

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34 FEMA estimates that we could need up to four expert witnesses. FEMAs expert witnesses may or may not speak at the hearing. Additionally, FEMA

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may hire an expert witness so that FEMA can consult with them about the subject matter.

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