[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1303.3]

[Page 105-106]
 
                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1303_APPEAL PROCEDURES FOR HEAD START GRANTEES AND CURRENT OR PROSPECTIVE 
 
                            Subpart A_General
 
Sec.  1303.3  Right to attorney, attorney fees, and travel costs.

    (a) All parties to proceedings under this part, including informal 
proceedings, have the right to be represented by an attorney.
    (1) Attorney fees may be charged to the program grant in an amount 
equal to the usual and customary fees charged in the locality. However, 
such fees may not exceed $250.00 per day, adjusted annually to reflect 
the percentage change in the Consumer Price Index for All Urban 
Consumers (issued by the Bureau of Labor Statistics) beginning one year 
after the effective date of these regulations. The grantee or delegate 
agency may use current operating funds to pay these costs. The fees of 
only one attorney may be charged to the program grant with respect to a 
particular dispute. Such fees may not be charged if the grantee or 
delegate agency has an attorney on its staff, or if it has a retainer 
agreement with an attorney which fully covers fees connected with 
litigation. The grantee or delegate agency shall have the burden of 
establishing the usual and customary fees and shall furnish 
documentation to support that determination that is satisfactory to the 
responsible HHS official.
    (2) A grantee or delegate agency may designate up to two persons to 
attend and participate in proceedings held under this Part. Travel and 
per diem costs of such persons, and of an attorney representing the 
grantee or delegate agency, shall not exceed those allowable under 
Standard Governmental Travel Regulations in effect at the time of the 
travel.

[[Page 106]]

    (b) In the event that use of program funds under this section would 
result in curtailment of program operations or inability to liquidate 
prior obligations, the party so affected may apply to the responsible 
HHS official for payment of these expenses.
    (c) The responsible HHS official, upon being satisfied that these 
expenditures would result in curtailment of program operations or 
inability to liquidate prior obligations, must make payment therefor to 
the affected party by way of reimbursement from currently available 
funds.