2910.1 The prevailing party in an appellate proceeding may recover its costs from the adverse party.

2910.2 Allowable costs are limited to filing fees in this administrative court and the reasonable cost of any transcripts reasonably necessary for the appeal.

2910.3 A prevailing party shall file and serve a statement of its recoverable costs within ten (10) days of service of a final order. The pendency of a motion for reconsideration shall not alter this deadline. The statement shall be accompanied by receipts for all costs claimed, along with sufficient information for this administrative court to determine that the transcript costs are reasonable. Failure to file such a statement waives any claim for costs from the adverse party.

2910.4 Any opposition to the recovery of costs must be filed and served within seven (7) days of service of the statement of recoverable costs. Failure to file any such opposition waives a party's right to object to the claimed costs.

2910.5 After review of the parties' written submissions, the presiding Administrative Law Judge shall issue an order determining the amount of costs that must be paid to the prevailing party.

2910.6 This administrative court shall not issue a formal mandate at the conclusion of an appellate proceeding. Except as otherwise provided in this Chapter, the tribunal that issued the decision under review may not take any action in the case until the record is returned to it pursuant to Section 2904.12.

SOURCE: Final Rulemaking published at 51 DCR 6433, 6443 (June 25, 2004).