Okla. Admin. Code § 260:130-9-4

Current through Vol. 42, No. 4, November 1, 2024

Section 260:130-9-4 - Request

A request for the award of attorney fees or costs shall be filed with the Civil Service Division within ten (10) calendar days after the issue date of the final decision and shall include an affidavit of service to all other parties.

(1)Grounds. The request shall specifically state why an award of attorney fees or costs should be made and shall be supported by evidence to substantiate the request and evidence to determine whether or not the amount claimed is reasonable.

(2)Evidence. Evidence submitted with the request shall include, as a minimum:

(A) adequate time records so the reasonableness of the claimed fee can be ascertained;

(B) a copy of any fee agreement between the attorney and the client or any fee agreement between the attorney and any organization, or association representing the client;

(C) the attorney's customary billing rate for similar work, provided the attorney has a billing practice to report;

(D) evidence of the prevailing community rate sufficient to establish a market value for the services rendered;

(E) specific evidence of the prevailing rate for similar work of attorneys of comparable experience and reputation; and

(F) specific detailed documentation identifying the actual costs associated with the request.

(3)Response. Any party may file a response in opposition to the request within ten (10) calendar days after the date the request is filed with Human Capital Management. The response shall include an affidavit of service to all other parties.

(4)Rejection. Requests and responses which are not timely filed or do not meet the requirements of this section shall be rejected by The Civil Service Division.

Okla. Admin. Code § 260:130-9-4

Adopted by Oklahoma Register, Volume 39, Issue 07, December 15, 2021, eff. 11/17/2021

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022