[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: 45CFR13.6]



[Page 67-68]

 

                        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 A_General Provisions

 

Sec.  13.6  Allowable fees and expenses.



    (a) Awards will be limited to the rates customarily charged by 

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

expert witnesses. If a party has already received, or is eligible to 

receive, reimbursement for any expenses under another statutory 

provision or another program allowing reimbursement, its award under 

these rules must be reduced by the amount the prevailing party has 

already received, or is eligible to receive, from the Federal 

government.

    (b) An award for the fees of an attorney or agent may not exceed 

$125.00 per hour, regardless of the actual rate charged by the attorney 

or agent. An award for the fees of an expert witness may not exceed the 

highest rate at which the Department pays expert witnesses, which is 

$24.09 per hour, regardless of the actual rates charged by the witness. 

These limits apply only to fees; an award may include the reasonable 

expenses of the attorney, agent, or witness as a separate item, if the 

attorney, agent or witness ordinarily charges separately for such 

expenses.

    (c) In determining the reasonableness of the fees sought for 

attorneys, agents or expert witnesses, the adjudicative officer must 

consider factors bearing on the request, which include, but are not 

limited to:

    (1) If the attorney, agent or witness is in private practice, his or 

her customary fee for like services; if the attorney, agent or witness 

is an employee of the applicant, the fully allocated cost of service;

    (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 applicant;

    (4) The time reasonably spent in light of the difficulty or 

complexity of the issues in the proceeding; and



[[Page 68]]



    (5) Such other factors as may bear on the value of the services 

provided.



[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2846, Jan. 21, 2004]