[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR14.130]



[Page 173]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 14_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 

ADMINISTRATIVE PROCEEDINGS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  14.130  Allowable fees and expenses.



    (a) No award for the fee of an attorney or agent under these rules 

may exceed $75.00 per hour. 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 clients 

separately for such expenses.

    (b) In determining the reasonableness of the fee sought for an 

attorney, agent or expert witness, the adjudicative officer 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 the kind and quality of services 

furnished 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 the 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 services 

provided.

    (c) 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 services does not exceed 

the prevailing rate for similar services, and the study or other matter 

was necessary for preparation of the applicant's case.