---
kind: "section"
citation: "45 C.F.R. § 1304.7"
title: "45"
number: "1304.7"
heading: "Legal fees."
url: "https://uscodex.org/cfr/45/1304.7"
---

# §1304.7. Legal fees.

- (a) An agency is not authorized to charge to its grant legal fees or other costs incurred to appeal terminations, reductions of funding, or denials of applications of refunding decisions.
- (b) If a program prevails in a termination, reduction, or denial of refunding decision, the responsible HHS official may reimburse the agency for reasonable and customary legal fees, incurred during the appeal, if:
  - (1) The Departmental Appeals Board overturns the responsible HHS official's decision;
  - (2) The agency can prove it incurred fees during the appeal; and,
  - (3) **The agency can prove the fees incurred are reasonable and customary.**

## Notes

### Authority

Authority: 42 U.S.C. 9801 et seq.

### Source

Source: 81 FR 61412, Sept. 6, 2016, unless otherwise noted.