(a) The application shall be accompanied by full documentation of
the fees and expenses, including the cost of any study, analysis,
engineering report, test, project or similar matter, for which an award
is sought.
(b) The document shall include an affidavit from each professional
firm or individual whose services are covered by the application,
showing the hours spent in connection with the proceeding by each
individual, a description of the specific services performed, the rate
at which each fee has been computed, any expenses for which
reimbursement is sought, the total amount claimed, and the total amount
paid or payable by the applicant or by any other person or entity for
the services provided.
(1) The affidavit shall itemize in detail the services performed by
the date, number of hours per date and the services performed during
those hours. In order to establish the hourly rate, the affidavit shall
state the hourly rate which is billed and paid by the majority of
clients during the relevant time periods.
(2) If no hourly rate is paid by the majority of clients because,
for instance, the attorney or agent represents most clients on a
contingency basis, the attorney or agent shall provide affidavits from
two attorneys or agents with similar experience, who perform similar
work, stating the hourly rate which they bill and are paid by the
majority of their clients during a comparable time period.
(c) The documentation shall also include a description of any
expenses for which reimbursement is sought and a statement of the
amounts paid and payable by the applicant or by any other person or
entity for the services provided.
(d) The adjudicative officer may require the applicant to provide
vouchers, receipts, or other substantiation for any expenses claimed.
(Approved by the Office of Management and Budget under control number
1225-0013)
[46 FR 63021, Dec. 29, 1981, as amended at 47 FR 14696, Apr. 6, 1982]
