Goto Section: 1.1505 | 1.1507 | Table of Contents
Revised as of October 22, 2020
Goto Year:2020 |
§ 1.1506 Allowable fees and expenses.
Link to an amendment published at 85 FR 63183 , Oct. 6, 2020.
(a) Awards will be based on rates customarily charged by persons
engaged in the business of acting as attorneys, agents and expert
(b) No award for the fee of an attorney or agent under these rules may
exceed $75.00, or for adversary adjudications commenced on or after
March 29, 1996, $125.00, per hour. No award to compensate an expert
witness may exceed the highest rate at which the Commission pays expert
witnesses. However, an award may also include the reasonable expenses
of the attorney; agent, or witness as a separate item, if the attorney,
agent or witness ordinarily charges its clients separately for such
(c) In determining the reasonableness of the fee sought for an
attorney, agent or expert witness, the Administrative Law Judge shall
consider the following:
(1) 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;
(2) The prevailing rate for similar services in the community in which
the attorney, agent or witness ordinarily performs services;
(3) The time actually spent in the representation of the applicant;
(4) The time reasonably spent in light of the difficulty or complexity
of the issues in the proceeding; and
(5) Such other factors as may bear on the value of the service
(d) 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.
(e) Fees may be awarded only for work performed after designation of a
proceeding or after issuance of a show cause order.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996]
Goto Section: 1.1505 | 1.1507
Goto Year: 2020 |
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