• Part Number:
  • Part Number Title:
    Implementation of the Equal Access to Justice Act
  • Subpart:
    2204 Subpart A
  • Subpart Title:
    General Provisions
  • Standard Number:
  • Title:
    Allowable fees and expenses.
  • GPO Source:
Awards shall be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses, even if the services were made available without charge or at a reduced rate to the applicant.
An award for the fee of an attorney or agent under these rules shall not exceed $125.00 per hour, unless the Commission determines by regulation that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys or agents for Commission proceedings, justifies a higher fee.
In determining the reasonableness of the fee sought for an attorney, agent or expert witness, the Commission shall consider the following:
If the attorney, agent, or witness is in private practice, his or her customary fee for similar services, or, if an employee of the applicant, the fully allocated cost of the services;
The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily perform services;
The time actually spent in the representation of the applicant;
The time reasonably spent in light of the difficulty or complexity of the issues in the proceeding; and
Such other factors as may bear on the value of the services provided.
The reasonable cost of any study analysis, engineering report, test, project or similar matter prepared on behalf of a party may be awarded, to the extent that the charge for the service does not exceed the prevailing rate for similar services, and the study or other matter was necessary for preparation of the applicant's case.

[62 FR 35961, July 3, 1997]