90- 351 C.M.R. ch. 10, § 2

Current through 2024-51, December 18, 2024
Section 351-10-2 - Disputed Fees
1. If attorney's fees are charged in accordance with 39-A M.R.S.A. §325 and the provisions of this rule and there is no dispute with respect to payment of the fee, then board approval of the fee is not necessary.
2. If a dispute arises between an employee and his or her attorney regarding the payment of attorney's fees, either the employee or his or her counsel may file a motion with a hearing officer. The motion must be served on the opposing party and must be filed in the appropriate regional office. Within 30 days following the receipt of this motion, the opposing party shall submit a written statement of objections to the fee for which payment is sought. In issuing an order, the hearing officer shall consider the following factors: (1) the complexity of the issues presented; (2) the novelty of the questions raised; (3) the quality of the representation; (4) the time and labor required; (5) the skills and experience of the attorney; and (6) the benefits to the employee.
3. Hearings will be held on fee motions only at the discretion of the hearing officer.

90- 351 C.M.R. ch. 10, § 2