635. COMPLIANCE AND ENFORCEMENT

635 ATTORNEY FEES 635.1 An employee shall be entitled to an award of reasonable attorney fees if: (a) He or she is a prevailing party; and (b) The award is warranted in the interest of justice. 635.2 Unless the Administrative Judge directs otherwise, a request for attorney fees shall be made by written motion within thirty (30) calendar days of the date that the initial decision becomes final. 635.3 An employee shall submit reasonable evidence or documentation to support the number of hours expended by the attorney on the appeal. 635.4 The Board each year may approve standard hourly rates for fees for attorneys who practice before the Office. 635.5 An agency may file a written opposition to the employee's motion for attorney fees within fifteen (15) business days of service of the motion or within such time as the Administrative Judge may direct. In its written opposition the agency must state its objection to the employee's request for attorney fees with particularity and clarity. 635.6 A decision by an Administrative Judge on a request for attorney fees shall be considered an addendum to the initial decision. SOURCE: As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999).