Section 6-B634. ATTORNEY FEES

634.1An 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.

 

634.2Unless 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.

634.3An employee shall submit reasonable evidence or documentation to support the number of hours expended by the attorney on the appeal.

634.4An 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.

634.5A decision by an Administrative Judge on a request for attorney fees shall be considered an addendum to the initial decision.

authority

The Chairperson of the Office of Employee Appeals in accordance with §602 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-606.02(a)(5) (2006 Repl.).

source

As amended by Final Rulemaking published at 46 DCR 9297 (November 19, 1999); as amended by Notice of Final Rulemaking published at 59 DCR 2129, 2149 (March 16, 2012).

EditorNote

Notice of Final Rulemaking published at 2129 (March 16, 2012) repealed and replaced the existing chapter 16 with a new chapter 16 (Rules and Regulations of the Office of Employee Appeals). Sections 606-635 were renamed, and section 636 was repealed.