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Decision.

CFR · 2024-01-01 · US · Title 12

(a) (b) (c) (d) (i) No award for the fee of an attorney or agent under this subpart may exceed the hourly rate specified in 5 U.S.C. 504(b)(1)(A) except to account for inflation since the last update of the statute's maximum award upon the request of the applicant as documented in the application pursuant to § 19.209 or if a special factor, such as the limited availability of qualified attorneys or agents for the proceedings involved, justifies a higher fee; and (ii) No award to compensate an expert witness may exceed the highest rate at which the OCC pays expert witnesses. (2) (i) If in private practice, the attorney's, agent's, or witness' customary fee for similar services; (ii) If an employee of the applicant, the fully allocated cost of the attorney's, agent's, or witness' services; (iii) The prevailing rate for similar services in the community in which the attorney, agent, or witness ordinarily perform services; (iv) The time actually spent in the representation of the applicant; (v) The time reasonably spent in light of the difficulty or complexity of the issues in the proceeding; and (vi) Any other factors that may bear on the value of the services provided. (3) (4) (e)

official document · source cfr-2024 · id 12:§ 19.215