Powered by GoogleTranslate
Regulations (Standards - 29 CFR) - Table of Contents
• Part Number: 2204
• Part Title: Implementation of the Equal Access to Justice Act
• Subpart: A
• Subpart Title: General Provisions
• Standard Number: 2204.107
• Title: Allowable fees and expenses.
• GPO Source: e-CFR


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]

Next Standard (2204.108)

Regulations (Standards - 29 CFR) - Table of Contents

Thank You for Visiting Our Website

You are exiting the Department of Labor's Web server.

The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.