[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

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

[CITE: 14CFR1262.106]



[Page 365]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1262_EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of 

Contents

 

                    Subpart 1262.1_General Provisions

 

Sec. 1262.106  Allowable fees and expenses.



    (a) Awards will be based on rates customarily charged by persons 

engaged in the business of acting as attorneys, agents, and expert 

witnesses, even if the services were made available without charge or at 

a reduced rate to the applicant.

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

may exceed $75 per hour. No award to compensate an expert witness may 

exceed the highest rate at which this Agency pays expert witnesses, 

which is $20 an hour (5 hours maximum) or maximum daily rate of $100 (3 

days maximum). 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.

    (c) 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 service, 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 

application;

    (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 services 

provided.

    (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.