---
kind: "section"
citation: "34 C.F.R. § 21.33"
title: "34"
number: "21.33"
heading: "Allowable fees and expenses."
url: "https://uscodex.org/cfr/34/21.33"
---

# §21.33. Allowable fees and expenses.

- (a) A prevailing party may apply for an award of fees and other expenses incurred by the party in connection with—
  - (1) An adversary adjudication; or
  - (2) **A significant and discrete substantive portion of an adversary adjudication.**
- (b) If a proceeding includes issues covered by the Act and issues excluded from coverage, the applicant may apply only for an award of fees and other expenses related to covered issues.
- (c) **Allowable fees and expenses include the following, as applicable—**
  - (1) **An award of fees based on rates customarily charged by attorneys, agents, and expert witnesses.**
  - (2) An award for the reasonable expenses of the attorney, agent, or expert witness as a separate item if the attorney, agent, or expert witness ordinarily charges clients separately for those expenses.
  - (3) The cost of any study, analysis, engineering report, test, or project related to the preparation of the applicant's case in the adversary adjudication.
- (d) The calculation of fees and expenses as provided for under [paragraph (c)](#c) of this section shall be in accordance with the standards for awards as described in [§ 21.50(a) through (c)](/cfr/34/21.50.md?p=a..c).

## Notes

### Authority

Authority: 5 U.S.C. 504, unless otherwise noted.

### Source

Source: 58 FR 47192, Sept. 7, 1993, unless otherwise noted.