(a) General rule. Awards shall be based on rates customarily charged
by persons engaged in the business of acting as attorneys, agents,
and expert witnesses, provided that no award under this subpart for
the fee of an attorney or agent shall exceed $75 per hour. No award
to compensate an expert witness shall exceed the highest rate at which
the Board pays expert witnesses. An award may include 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 such expenses.
8-093.4
(b) Determination of reasonableness of fees. In determining the reasonableness of the fee sought for an attorney,
agent, or expert witness, subject to the limits set forth above, the
administrative law judge shall consider the following:
(1) If the attorney, agent, or expert witness
is in private practice, his or her customary fee for like services
in the community in which the attorney, agent, or expert witness ordinarily
performs services;
(2) The time actually spent in the representation of the applicant;
(3) The time reasonably
spent in light of the difficulty or complexity of the issues in the
proceeding; and
(4) Such other
factors as may bear on the value of the services provided.
8-093.5
(c) Awards for studies. The reasonable cost of any study, analysis, test, project, or similar
matter prepared on behalf of an applicant may be awarded to the extent
that the charge for the service does not exceed the prevailing rate
payable for similar services, and the study or other matter was necessary
solely for preparation of the applicant’s case and not otherwise required
by law or sound business or financial practice.
