[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1303.3]



[Page 105-106]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1303_APPEAL PROCEDURES FOR HEAD START GRANTEES AND CURRENT OR 

PROSPECTIVE DELEGATE AGENCIES--Table of Contents

 

                            Subpart A_General

 

Sec. 1303.3  Right to attorney, attorney fees, and travel costs.



    (a) All parties to proceedings under this part, including informal 

proceedings, have the right to be represented by an attorney.

    (1) Attorney fees may be charged to the program grant in an amount 

equal to the usual and customary fees charged in the locality. However, 

such fees may not exceed $250.00 per day, adjusted annually to reflect 

the percentage change in the Consumer Price Index for All Urban 

Consumers (issued by the Bureau of Labor Statistics) beginning one year 

after the effective date of these regulations. The grantee or delegate 

agency may use current operating funds to pay these costs. The fees of 

only one attorney may be charged to the program grant with respect to a 

particular dispute. Such fees may not be charged if the grantee or 

delegate agency has an attorney on its staff, or if it has a retainer 

agreement with an attorney which fully covers fees connected with 

litigation. The grantee or delegate agency shall have the burden of 

establishing the usual and customary fees and shall furnish 

documentation to support that determination that is satisfactory to the 

responsible HHS official.

    (2) A grantee or delegate agency may designate up to two persons to 

attend and participate in proceedings held under this Part. Travel and 

per diem costs of such persons, and of an attorney representing the 

grantee or delegate agency, shall not exceed those allowable under 

Standard Governmental Travel Regulations in effect at the time of the 

travel.



[[Page 106]]



    (b) In the event that use of program funds under this section would 

result in curtailment of program operations or inability to liquidate 

prior obligations, the party so affected may apply to the responsible 

HHS official for payment of these expenses.

    (c) The responsible HHS official, upon being satisfied that these 

expenditures would result in curtailment of program operations or 

inability to liquidate prior obligations, must make payment therefor to 

the affected party by way of reimbursement from currently available 

funds.