The Committee on Family and Veterans' Services proposes the following amendment (SR-695.KM0001S):
Amend the bill, as and if amended, SECTION 2, by striking Section 25-11-820(D) and inserting:
(D) No person shall receive excessive or unreasonable fees as compensation for preparing, advising, presenting, or prosecuting a claim for any veterans' benefits matter. The factors articulated within Section 14.636 of Title 38 of the Code of Federal Regulations, and any successor regulations, that shall govern determinations of whether a fee is excessive or unreasonable. include:(1) the extent and type of services the representative performed;
(2) the complexity of the case;
(3) the level of skill and competence required of the representative in giving the services;
(4) the amount of time that the representative spent on the case;
(5) the results that the representative achieved, including the amount of any benefits recovered;
(6) the level of review to which the claim was taken and the level of the review at which the representative was retained;
(7) rates charged by other representatives for similar services;
(8) whether, and to what extent, the payment of fees is contingent upon the results achieved; and
(9) if the representative was terminated, then the reasons for the termination and when the termination occurred in the claims process.
Amend the bill further, SECTION 2, by striking Section 25-11-830 and inserting:
Section 25-11-830. A person seeking to receive compensation for preparing, advising, presenting, or prosecuting a claim for any individual with a veterans' benefits matter shall, before rendering any services, memorialize all terms regarding the individual's payment of fees for services rendered in a written agreement, that includes: signed by both parties, that adheres to all criteria specified in Section 14.636 of Title 38 of the Code of Federal Regulations and any successor regulations.(1) signatures of the claimant and the agent or attorney;
(2) specific details determining the amount of the fee and any costs that should be paid;
(3) identification of the veteran's name and date of birth, the claimant's name, and the VA file number; and
(4) if a third party pays the fee, then the third party's name and relationship to the claimant.
Renumber sections to conform.
Amend title to conform.