---
kind: "section"
citation: "29 C.F.R. § 16.107"
title: "29"
number: "16.107"
heading: "Allowable fees and expenses."
url: "https://uscodex.org/cfr/29/16.107"
---

# §16.107. Allowable fees and expenses.

- (a) **The following fees and other expenses are allowable under the Act—**
  - (1) Reasonable expenses of expert witnesses;
  - (2) Reasonable cost of any study, analysis, engineering report, test, or project necessary for the preparation of the party's case;
  - (3) Reasonable attorney or agent fees;
- (b) Awards will be based on the prevailing market rates for the kind and quality of services furnished not to exceed the rates set forth in [paragraph (c)](#c) of this section.
- (c) No award under these rules for the fee of an attorney or agent may exceed $125.00 per hour. No award to compensate an expert witness may exceed $24.09 per hour.
- (d) In determining the reasonableness of the fee sought, the adjudicative officer shall consider the following:
  - (1) The prevailing rate for similar services in the community in which the attorney, agent or witness ordinarily performs services;
  - (2) The time actually spent in the representation of the applicant;
  - (3) The difficulty or complexity of the issues in the proceeding;
  - (4) Such other factors as may bear on the value of the services performed.

## Notes

### Amendments

[46 FR 63021, Dec. 29, 1981, as amended at 72 FR 37098, July 9, 2007]

### Authority

Authority: Pub. L. 96-481, 94 Stat. 2327 (5 U.S.C. 504).

### Source

Source: 46 FR 63021, Dec. 29, 1981, unless otherwise noted.

### Amendments

[46 FR 63021, Dec. 29, 1981, as amended at 72 FR 37098, July 9, 2007]