[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR13.12]



[Page 69-70]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 13_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY 

PROCEEDINGS--Table of Contents

 

             Subpart B_Information Required from Applicants

 

Sec.  13.12  Documentation of fees and expenses.



    (a) All applicants must be accompanied by full documentation of the 

fees and expenses, including the cost of any study, exhibit, analysis, 

report, test or other similar item, for which the applicant seeks 

reimbursement.

    (b) The documentation shall include an affidavit from each attorney, 

agent, or expert witness representing or appearing in behalf of the 

party, stating



[[Page 70]]



the actual time expended, the rate at which fees and other expenses were 

computed, a description of the specific services performed, the total 

amount claimed, and the total amount paid or payable by the applicant or 

by any other person or entity for the services provided. Where the 

adversary adjudication includes covered proceedings (as described in 

Sec.  13.3) as well as excluded proceedings, or two or more matters, 

each of which could have been heard separately, the fees and expenses 

shall be shown separately for each proceeding or matter, and the basis 

for allocating expenses among the proceedings or matters shall be 

indicated.

    (1) The affidavit shall itemize in detail the services performed by 

the date, number of hours per date and the services performed during 

those hours. In order to establish the hourly rate, the affidavit shall 

state the hourly rate which is billed and paid by the majority of 

clients during the relevant time periods.

    (2) If no hourly rate is paid by the majority of clients because, 

for instance, the attorney or agent represents most clients on a 

contingency basis, the attorney or agent shall provide affidavits from 

two attorneys or agents with similar experience, who perform similar 

work, stating the hourly rate which they bill and are paid by the 

majority of their clients during a comparable time period.

    (c) If the applicant seeks reimbursement of any expenses not covered 

by the affidavit described in paragraph (b), the documentation must also 

include an affidavit describing all such expenses and stating the 

amounts paid or payable by the applicant or by any other person or 

entity for the services provided.

    (d) The adjudicative officer may require the applicant to provide 

vouchers, receipts, or other substantiation for any fees or expenses 

claimed, pursuant to Sec.  13.25 of this part.



(Approved by the Office of Management and Budget under control number 

0990-0118)



[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]