65-02-35. Attorney's fees for legal review in preparation for rehearing of an administrative order.

1. The organization shall pay an injured employee's attorney for the fees and costs to consult with the injured employee regarding a request for rehearing of an administrative order issued by the organization under section 65-01-16 and chapter 28-32. The attorney's fees and costs under this section are for the purpose of an initial consultation and review of the claimant's case and are separate from and independent of the attorney's fees and costs provided for under section 65-02-08. To be eligible for payment of attorney's fees and costs under this section, before consulting the attorney the injured employee must first receive a certificate of completion from the decision review office, and the attorney consultation must take place after the certificate of completion is issued but before the rehearing is conducted.

2. Payment of attorney's fees and costs under this section is limited as follows: a. An injured employee may consult with one attorney per administrative order; b. The payment amount for attorney's fees may not exceed a total of five hundred dollars per injured employee, per administrative order; c. The payment amount for costs may not exceed a total of one hundred fifty dollars per injured employee, per administrative order; d. The attorney must be licensed to practice law in North Dakota and must be in good standing; and e. The organization may deny fees and costs the organization determines to be excessive or frivolous.

3. To obtain payment under this section, an attorney shall submit to the organization a fee statement. The fee statement must be signed by the attorney and must include: a. The name of the injured employee;

1. b. The workforce safety and insurance claim number;
2. c. The date of the billing statement;
3. d. A summary of the basic legal issue;
4. e. The date of each service or charge being billed;
5. f. An itemization and a reasonable description of the legal work performed for each service or charge;
6. g. The time and amount billed for each item; and
7. h. The total time and amounts billed.4. Under this section, the organization shall reimburse the following costs:- a. Actual postage, if postage exceeds three dollars per parcel;
8. b. Actual toll charges for long-distance telephone calls;
9. c. Copying charges at eight cents per page;
10. d. Mileage and other expenses for reasonable and necessary travel, including per diem, all of which are to be paid in the amounts paid state officials as provided under sections 44-08-04 and 54-06-09; and
11. e. Other reasonable and necessary costs, not to exceed one hundred fifty dollars.5. Under this section, the organization may not reimburse the following costs:- a. Express mail;
12. b. Additional copies of transcripts;
13. c. Costs incurred to obtain medical records;
14. d. Copy charges for documents provided by the organization; and
15. e. Costs for typing and clerical or office services.