§ 1.1507   Rulemaking on maximum rates for attorney fees.

   (a) If warranted by an increase in the cost of living or by special
   circumstances (such as limited availability of attorneys qualified to
   handle certain types of proceedings), the Commission may adopt
   regulations providing that attorney fees may be awarded at a rate
   higher than $125.00 per hour in some or all of the types of proceedings
   covered by this part. The Commission will conduct any rulemaking
   proceedings for this purpose under the informal rulemaking procedures
   of the Administrative Procedure Act.

   (b) Any person may file with the Commission a petition for rulemaking
   to increase the maximum rate for attorney fees, in accordance with
   subpart C of this chapter. The petition should identify the rate the
   petitioner believes this agency should establish and the types of
   proceedings in which the rate should be used. It should also explain
   fully the reasons why the higher rate is warranted. This agency will
   respond to the petition by initiating a rulemaking proceeding, denying
   the petition, or taking other appropriate action.

   [ 47 FR 3786 , Jan. 27, 1982, as amended at  61 FR 39899 , July 31, 1996]

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