1. (a) The following fees and other expenses are allowable under the Act:

   1. (1) Reasonable expenses of expert witnesses;
   2. (2) Reasonable cost of any study, analysis, engineering report, test, or project necessary for the preparation of the party's case;
   3. (3) Reasonable attorney or agent fees;
2. (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.
3. (c) No award under these rules for the fee of an attorney or agent may exceed $125.00 per hour. No award to compensate an expert witness may exceed $24.09 per hour.

4. (d) In determining the reasonableness of the fee sought, the adjudicative officer shall consider the following:

   1. (1) The prevailing rate for similar services in the community in which the attorney, agent or witness ordinarily performs services;
   2. (2) The time actually spent in the representation of the applicant;
   3. (3) The difficulty or complexity of the issues in the proceeding;
   4. (4) Such other factors as may bear on the value of the services performed.

[46 FR 63021, Dec. 29, 1981, as amended at 72 FR 37098, July 9, 2007]