90- 564 C.M.R. ch. 3, § 11

Current through 2024-51, December 18, 2024
Section 564-3-11 - Costs and Attorney Fees

Pursuant to 38 M.R.S. §568-B(2-C), if the Appeals Panel overturns the Commissioner's or State Fire Marshal's decision, reasonable costs, including reasonable attorney fees incurred from the time of a claims-related decision forward, will be paid by the fund for costs incurred in pursuing the appeal to the Appeals Panel. In order to receive payment, the prevailing party must submit documentation substantiating its costs and fees to the Appeals Panel for approval, with a copy to the Commissioner or State Fire Marshal, within 30 days of receipt of the Panel's decision. Parties will be notified of the date of the meeting when the submission will be considered by the Panel. At such time, the Panel shall consider comments by the Commissioner or State Fire Marshal or their designees and the Panel's staff regarding the reasonableness of the amount that has been submitted for approval. An hourly rate for "reasonable attorney fees" is the established hourly rate of the attorney, but may not exceed $200.00 per hour. However, the Panel has the right to approve less than the amount of the costs or fees requested based upon its determination of what is reasonable under the circumstances of a particular case. The decision of the Appeals Panel regarding attorney fees will be stated in the minutes of the meeting and no separate order will be issued.

90- 564 C.M.R. ch. 3, § 11