§ 1021.182. Application for costs and fees.
(a) A request for costs and fees shall conform to any requirements set forth in the statute under which costs are being sought.
(b) A request for costs and fees shall be by verified application, setting forth sufficient grounds to justify the award, including the following:
(1) A copy of the order of the Board in the proceedings in which the applicant seeks costs and attorney fees.
(2) A statement of the basis upon which the applicant claims to be entitled to costs and attorney fees.
(3) An affidavit setting forth in detail all reasonable costs and fees incurred for or in connection with the party’s participation in the proceeding, including receipts or other evidence of such costs and fees.
(4) Where attorney fees are claimed, evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area and the experience, reputation and ability of the individual or individuals performing the services.
(5) The name of the party from whom costs and fees are sought.
(c) An applicant shall file an application with the Board within 30 days of the date of a final order of the Board. An applicant shall serve a copy of the application upon the other parties to the proceeding.
(d) The Board may deny an application sua sponte if it fails to provide all the information required by this section in sufficient detail to enable the Board to grant the relief requested.
Source The provisions of this § 1021.182 adopted June 28, 2002, effective June 29, 2002, 32 Pa.B. 3085; amended November 29, 2002, effective November 30, 2002, 32 Pa.B. 5883. Immediately preceding text appears at serial page (289984).
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