Current through Register Vol. 54, No. 45, November 9, 2024
Section 2.5 - Awards of fees and expenses(a) A Commonwealth agency that initiates an adversary adjudication will award to a prevailing party, other than the Commonwealth, fees and other expenses incurred by that party in connection with that proceeding, unless the adjudicative officer finds that the position of the agency, as a party to the proceeding, was substantially justified or that special circumstances make an award unjust. This subchapter shall not apply if otherwise provided or prohibited by law.(b) An attorney, agent or expert witness whose fee is in dispute may be required by the adjudicative officer to produce detailed contemporaneous records verifying the actual time spent on behalf of the prevailing party. The inability of an attorney, agent or expert witness to produce the records may be considered by the adjudicative officer as a basis for reducing the amount of fees and expenses sought for that attorney, agent or expert witness. This section cited in 4 Pa. Code § 2.11 (relating to statements of policy).