OAR 438-015-0029
Request at Board Review Level for Assessed Fees
(1)
On Board review of an Administrative Law Judge’s order, to assist the Board in determining the amount of a reasonable assessed fee for services at the hearing level and/or for services on Board review, a claimant’s attorney may file a request for a specific fee, which the attorney believes to be reasonable.(2)
The request shall be considered by the Board if:(a)
The request is filed no later than 14 days from the date of filing of the last appellate brief under OAR 438-011-0020 (Briefs and Other Documents);(b)
The request describes in detail the manner in which the factors set forth in OAR 438-015-0010 (General Principles)(4) specifically apply to the case, as well as any other information deemed relevant; and(c)
A copy of the request is simultaneously served upon the attorneys who appeared at hearing and on Board review in the manner provided in OAR 438-005-0046 (Filing and Service of Documents; Correspondence)(2)(a) and proof of such service is provided in accordance with 438-005-0046 (Filing and Service of Documents; Correspondence)(2)(b).(3)
A written response raising objection to the request shall be considered by the Board if:(a)
The response is filed no later than 14 days from the date of filing of claimant’s attorney’s request for a specific fee under subsection (2)(a) of this rule; and(b)
A copy of the response is simultaneously served upon the attorneys who appeared at hearing and on Board review in the manner provided in OAR 438-005-0046 (Filing and Service of Documents; Correspondence)(2)(a) and proof of such service is provided in accordance with 438-005-0046 (Filing and Service of Documents; Correspondence)(2)(b).(4)
A request or response that does not comply with this rule shall not be considered by the Board in determining the amount of a reasonable assessed fee.
Source:
Rule 438-015-0029 — Request at Board Review Level for Assessed Fees, https://secure.sos.state.or.us/oard/view.action?ruleNumber=438-015-0029.