[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: 39CFR960.7]



[Page 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.  960.7  Rulemaking on maximum rates for attorney fees.



    (a) If warranted by an increase in the cost of living or by special 

circumstances (such as limited availability of attorneys qualified to 

handle certain types of proceedings), the Postal Service may adopt 

regulations providing that attorney fees may be awarded at a rate higher 

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

some or all of the types of proceedings covered by this part. The Postal 

Service will conduct any rulemaking proceedings for this purpose under 

the informal rulemaking procedures of the Administrative Procedure Act.

    (b) Any person may request the Postal Service to initiate a 

rulemaking proceeding to increase the maximum rate for attorney fees. 

The request should identify the rate the person believes the Postal 

Service should establish and the types of proceedings in which the rate 

should be used. It should also explain fully the reasons why the higher 

rate is warranted. The Postal Service will respond to the request within 

60 days after it is filed, by determining to initiate a rulemaking 

proceeding, denying the request, or taking other appropriate action.



[46 FR 45945, Sept. 16, 1981, as amended at 66 FR 55577, Nov. 2, 2001]