Rules and Regulations. Final rule

Agency: Civil Division, Department of Justice
Action: Final rule
Citation: FR Doc. 2010-19633 · RIN 1105-AB33 · CIV Docket No. 111; AG Order No. 3185-2010 · 28 CFR 79

Summary

By this rule the Department of Justice (“the Department”) amends its existing regulations implementing the Radiation Exposure Compensation Act (“RECA” or “the Act”) to conform to the decision of the Tenth Circuit in the case of Hackwell v. United States, 491 F.3d 1229, 1241 (10th Cir. 2007). The Tenth Circuit held that the plain meaning of “services rendered” in section 9(a) of the Act revealed Congress' unambiguous intent to exclude “costs incurred” from the attorney fee limitation. Consequently, the court invalidated 28 CFR 79.74(b) as “contrary to the RECA's plain language.” Accordingly, the Department is amending its regulation at § 79.74(b) to strike the language “including costs incurred” from the agency's limitation on payments to attorneys representing claimants under RECA.

Dates

This rule is effective on: September 9, 2010. This final rule will apply to all claims pending with the Radiation Exposure Compensation Act Program (“the Program”) as of this date.