Section 7-132. CLAIMS FOR FEES FOR REPRESENTATION

 

132.1Claims for fees for representation of a claimant shall be submitted in writing to the ALJ, if a hearing has been requested, within thirty (30) days of the issuance of a decision under § 130.12.

 

132.2A copy of the claim shall be simultaneously forwarded by the representative to the claimant who was represented.

 

132.3All claims shall include an itemized statement describing the services rendered. The itemization shall contain at least the following information:

 

(a) The dates that services began and ended and all dates on which conferences were held, documents or letters prepared, or telephone calls made;

 

(b) A description of each service rendered with the amount of time spent on each type of service;

 

(c) The amount of the fee which the representative desires for services performed;

 

(d) The amount of fees requested, charged, or received for services rendered on behalf of the claimant before any state or federal court or agency, in a similar or related matter; and

 

(e) A statement explaining the basis for the amount of the fee requested.

 

132.4No claim shall be approved by the ALJ pursuant to section 2327(b) of the Act unless the representative submitting the claim was duly appointed by the claimant in accordance with § 131.1 of this chapter.

 

132.5In determining whether to approve a claim, the ALJ shall consider at least the following factors:

 

(a) The nature and complexity of the claim;

 

(b) The actual time spent on development and presentation of the claim;

 

(c) The amount of compensation accrued and potential future payments;

 

(d) Customary local charges for similar services; and

 

(e) Professional qualifications of the representative.

 

132.6The decision approving or disapproving a claim shall be forwarded to the representative and to the claimant who was represented.

 

authority

Chief Risk Officer of the Office of Risk Management (ORM), Executive Office of the Mayor, pursuant to the authority set forth in section 2344 of the District of Columbia Government Merit Personnel Act of 1978 (CMPA), effective March 3, 1979 (D.C. Law 2-139; D.C. Official Code § 1-623.44 (2012 Supp.)); section 7 of Reorganization Plan No. 1 of 2003 for the Office of Risk Management, effective December 15, 2003; and Mayor’s Order 2004-198, effective December 14, 2004

source

Final Rulemaking published at 59 DCR 8766, 8804 (July 27, 2012).