§ 1021.182. Application for fees and costs.
(a) If statutorily authorized, a party may initiate a request for fees and costs by filing a fee application with the Board. The fee application shall conform to any requirements set forth in the statute under which fees and costs are being sought and shall also conform to any requirements set forth in § § 1021.181, 1021.183, 1021.184 and 1021.191.
(b) A fee application shall be verified by the applicant, and shall set forth sufficient grounds to justify the award, including the following:
(1) A copy of the order of the Board in the proceedings in which the applicant seeks attorney fees and costs.
(2) A statement of the basis upon which the applicant claims to be entitled to attorney fees and costs, setting forth in numbered paragraphs the facts in support of the fee application and the amount of fees and costs requested. The statement must identify all legal issues upon which the applicant contends it prevailed and the degree to which the relief sought in the appeal was granted. The fee application may not be accompanied by a supporting memorandum of law unless otherwise ordered by the Board.
(3) An affidavit, or affidavits, signed by each of the applicant’s lawyers and each consultant or expert witness whose fees and costs the applicant seeks to recover, setting forth in detail all reasonable fees and costs incurred for or in connection with issues in which the party prevailed.
(4) Where attorney fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area and the experience, reputation and ability of the individual or individuals performing the services.
(5) The name of each party from whom fees and costs are sought.
(c) An applicant shall file a fee application with the Board within 30 days of the date of a final order of the Board. An applicant shall serve a copy of the fee application upon the other parties to the proceeding.
(d) The Board may deny a fee application sua sponte or require an applicant to amend its fee application within a specified time frame if the applicant fails to provide all the information required by this section in sufficient detail to enable the Board to fully evaluate the request for relief.
Comment: For the purpose of establishing the number of hours an attorney or consultant/expert witness worked under subsection (b)(4), the Board encourages the submission of records that avoid grouping multiple tasks into a single time entry.
Authority The provisions of this § 1021.182 amended under section 5(c) of the Environmental Hearing Board Act (35 P.S. § 7515(c)), section 307(b) of The Clean Streams Law (35 P.S. § 691.307(b)) and 27 Pa.C.S. § 7708.
Source The provisions of this § 1021.182 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883; amended May 17, 2024, effective May 18, 2024, 54 Pa.B. 2776. Immediately preceding text appears at serial page (388248).
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