[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR21.33]

[Page 44]
 
                           TITLE 34--EDUCATION
 
PART 21--EQUAL ACCESS TO JUSTICE--Table of Contents
 
               Subpart D--How Does One Apply for an Award?
 
Sec. 21.33  Allowable fees and expenses.

    (a) A prevailing party may apply for an award of fees and other 
expenses incurred by the party in connection with--
    (1) An adversary adjudication; or
    (2) A significant and discrete substantive portion of an adversary 
adjudication.
    (b) If a proceeding includes issues covered by the Act and issues 
excluded from coverage, the applicant may apply only for an award of 
fees and other expenses related to covered issues.
    (c) Allowable fees and expenses include the following, as 
applicable:
    (1) An award of fees based on rates customarily charged by 
attorneys, agents, and expert witnesses.
    (2) An award for the reasonable expenses of the attorney, agent, or 
expert witness as a separate item if the attorney, agent, or expert 
witness ordinarily charges clients separately for those expenses.
    (3) The cost of any study, analysis, engineering report, test, or 
project related to the preparation of the applicant's case in the 
adversary adjudication.
    (d) The calculation of fees and expenses as provided for under 
paragraph (c) of this section shall be in accordance with the standards 
for awards as described in Sec. 21.50(a) through (c).

(Authority: 5 U.S.C. 504(a)(1), (b)(1)(A) and (c)(1))