§ 17.7. Allowable fees and other expenses.
179 words·~1 min read·
/us/cfr/t40/s§ 17.7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The following fees and other expenses are allowable under the Act:
(1)Reasonable expenses of expert witnesses;
(2)The reasonable cost of any study, analysis, engineering report, test, or project which EPA finds necessary for the preparation of the party's case;
(3)Reasonable attorney or agent fees;
(b)The amount of fees awarded will be based upon the prevailing market rates for the kind and quality of services furnished, except that:
(1)Compensation for an expert witness will not exceed $24.09 per hour; and
(2)Attorney or agent fees will not be in excess of $75 per hour.
(c)In determining the reasonableness of the fee sought, the Presiding Officer shall consider the following:
(1)The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily performs services;
(2)The time actually spent in the representation of the applicant;
(3)The difficulty or complexity of the issues raised by the application;
(4)Any necessary and reasonable expenses incurred;
(5)Such other factors as may bear on the value of the services performed.