[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

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))