(a) The following fees and other expenses are allowable under the
Act:
(1) Reasonable expenses of expert witnesses;
(2) Reasonable cost of any study, analysis, engineering report,
test, or project necessary for the preparation of the party's case;
(3) Reasonable attorney or agent fees;
(b) Awards will be based on the prevailing market rates for the kind
and quality of services furnished not to exceed the rates set forth in
paragraph (c) of this section.
(c) No award under these rules for the fee of an attorney or agent
may exceed $75.00 per hour. No award to compensate an expert witness may
exceed $24.09 per hour.
(d) In determining the reasonableness of the fee sought, the
adjudicative 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 in the proceeding;
(4) Such other factors as may bear on the value of the services
performed.
