[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2704.107]

[Page 657]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2704--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 2704.107  Rulemaking on maximum rates for attorney's fees.

    (a) If warranted by an increase in the cost of living or by special 
circumstances (such as limited availability of attorneys qualified to 
handle certain types of proceedings), attorney's fees may be awarded at 
a rate higher than $125 per hour. Any such increase in the rate for 
attorney's fees will be made only upon a petition submitted by the 
applicant, pursuant to Sec. 2704.201, and only if the administrative law 
judge determines, in his or her discretion, that it is justified. Any 
such adjustment in fees is subject to Commission review as specified in 
Sec. 2704.308.
    (b) Any person may file with the Commission a petition for 
rulemaking to increase the maximum rate for attorney fees. The petition 
should identify the rate the petitioner believes the Commission should 
establish and the types of proceedings in which the rate should be used. 
It should also explain fully the reasons why the higher rate is 
warranted. The Commission will respond to the petition within 60 days 
after it is filed, by initiating an informal rulemaking proceeding, 
denying the petition, or taking other appropriate action.

[47 FR 10001, Mar. 9, 1982, as amended at 63 FR 63176, Nov. 12, 1998]