1. A. Within 15 days of the conclusion of the evidentiary hearing, the claimant may file a written request for reasonable attorney’s fees and expenses under State Finance and Procurement Article, §10-501(c)(3) or (d)(1)(ii), Annotated Code of Maryland.
2. B. The claimant shall submit supporting documentation, including time records, with the application.
3. C. The claimant shall serve the application and supporting documentation on all parties to the proceeding.
4. D. A party may file a response to the application within 15 days after the date the application was filed.
5. E. If the ALJ determines that the record is insufficient for review of the application, the ALJ may order the claimant or petitioner to supplement the record.
6. F. The ALJ shall include a ruling on the application in the final order pursuant to State Finance and Procurement Article, §10-501(d)(1)(ii), Annotated Code of Maryland.
7. G. Only one attorney will be compensated unless the participation of more than one attorney is justified for a specific purpose.

8. H. The ALJ may consider the following factors when awarding attorney’s fees:

   1. (1) The time and labor required;
   2. (2) The novelty and difficulty of the questions;
   3. (3) The skill required to perform the legal service properly;
   4. (4) Whether acceptance of the case precluded other employment by the attorney;
   5. (5) The customary fee for similar legal services;
   6. (6) Any time limitations imposed by the client or the circumstances;
   7. (7) The amount of compensation involved and the results obtained;
   8. (8) The experience, reputation, and ability of the attorneys;
   9. (9) The undesirability of the case;
   10. (10) The nature and length of the professional relationship with the client; and
   11. (11) Awards in similar cases.

9. I. Guidelines regarding hourly rates are as follows:

   1. (1) Lawyers admitted to the bar for less than or equal to 8 years: $125—$225.
   2. (2) Lawyers admitted to the bar for 9—14 years: $165—$300.
   3. (3) Lawyers admitted to the bar for 15 years or more: $200—$400.
   4. (4) Paralegals and law clerks: $75—$100.

Authority: State Finance and Procurement Article, §10-501, Annotated Code of Maryland

Effective date:

Regulations .01—.08 adopted as an emergency provision effective July 16, 2021 (48:17 Md. R. 666); emergency provision expired effective December 13, 2021

Regulations .01—.08 adopted effective December 13, 2021 (48:25 Md. R. 1081)