[Code of Federal Regulations]

[Title 39, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 39CFR960.6]



[Page 308-309]

 

                        TITLE 39--POSTAL SERVICE

 

                 CHAPTER I--UNITED STATES POSTAL SERVICE

 

PART 960_RULES RELATIVE TO IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE 

ACT IN POSTAL SERVICE PROCEEDINGS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  960.6  Allowable fees and expenses.



    (a) Awards will be based on rates customarily charged by persons 

engaged in the business of acting as attorneys, agents and expert 

witnesses, even if the services were made available without



[[Page 309]]



charge or at a reduced rate to the applicant. Attorney fees may not be 

recovered by parties appearing pro se in postal proceedings.

    (b) No award for the fee of an attorney or agent under these rules 

may exceed $125.00 per hour, or such rate as prescribed by 5 U.S.C. 504. 

No award to compensate an expert witness may exceed the highest rate at 

which the Postal Service pays expert witnesses. However, an award may 

also include the reasonable expenses of the attorney, agent, or witness 

as a separate item, if the attorney, agent or witness ordinarily charges 

clients separately for such expenses.

    (c) In determining the reasonableness of the fee sought for an 

attorney, agent or expert witness, the adjudicative officer shall 

consider the following:

    (1) If the attorney, agent or witness is in private practice, his or 

her customary fee for similar services, or, if an employee of the 

applicant, the fully allocated cost of the services;

    (2) The prevailing rate for similar services in the community in 

which the attorney, agent or witness ordinarily performs services;

    (3) The time actually spent in the representation of the applicant;

    (4) The time reasonably spent in light of the difficulty or 

complexity of the issues in the proceeding; and

    (5) Such other factors as may bear on the value of the services 

provided.

    (d) The reasonable cost of any study, analysis, engineering report, 

test, project or similar matter prepared on behalf of a party may be 

awarded, to the extent that the charge for the service does not exceed 

the prevailing rate for similar services, and the study or other matter 

was necessary for preparation of the applicant's case.



[46 FR 45945, Sept. 16, 1981, as amended at 52 FR 6798, Mar. 5, 1987; 66 

FR 55577, Nov. 2, 2001]