SECTION 455:10-15-4. Request

  A request for the award of attorney fees or costs shall be filed with the Commission within 10 calendar days after the issue date of the final decision and shall include an affidavit of service to all other parties. This time limit is statutory and may not be extended [74:840-6.8(B)].

(1)   Grounds. The request shall specifically state why an award of attorney fees or costs should be made and shall be supported by evidence to substantiate the request and evidence to determine whether or not the amount claimed is reasonable.

(2)   Evidence. Evidence submitted with the request shall include, as a minimum:

(A)   adequate time records so the reasonableness of the claimed fee can be ascertained;

(B)   a copy of any fee agreement between the attorney and the client or any fee agreement between the attorney and any organization, union or association representing the client;

(C)   the attorney's customary billing rate for similar work, provided the attorney has a billing practice to report;

(D)   evidence of the prevailing community rate sufficient to establish a market value for the services rendered;

(E)   specific evidence of the prevailing rate for similar work of attorneys of comparable experience and reputation; and

(F)   specific detailed documentation identifying the actual costs associated with the request.

(3)   Response. Any party may file a response in opposition to the request within 10 calendar days after the date the request is filed with the Commission. The response shall include an affidavit of service to all other parties. This time limit is statutory and may not be extended [74:840-6.8(B)].

(4)   Rejection. Requests and responses which are not timely filed or do not meet the requirements of this section shall be rejected by the Commission.

[Source: Added at 13 Ok Reg 3025, eff 7-15-96; Amended at 26 Ok Reg 559, eff 3-1-08 through 7-14-09 (emergency); Amended at 26 Ok Reg 2690, eff 7-25-09]

Note

EDITOR’S NOTE: This emergency action expired before being superseded by a permanent action. Upon expiration of an emergency amendatory action, the last effective permanent text is reinstated. Therefore, on 7-15-09 (after the 7-14-09 expiration of the emergency action), the text of 455:10-1-2 reverted back to the permanent text that became effective 7-15-96, as was last published in the 2006 Edition of the OAC, and remained as such until amended again by permanent action on 7-25-09.