# 17 C.F.R. § 148.6 (2026): Allowable fees and expenses

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_6

## Section

- **Citation:** 17 C.F.R. § 148.6 (2026)
- **Heading:** Allowable fees and expenses
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 17 CFR: Commodity and Securities Exchanges / Chapter I: COMMODITY FUTURES TRADING COMMISSION / Part 148: IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COVERED ADJUDICATORY PROCEEDINGS BEFORE THE COMMISSION / Subpart A: General Provisions / § 148.6: § 148.6   Allowable fees and expenses.

## Text

(a) Awards will be based on rates customarily charged by persons engaged in the business of acting as attorneys, agents and expert witnesses, even if the services were made available without charge or at a reduced rate to the applicant.
(b) No award for the fee of an attorney or agent under these rules may exceed $75 per hour. No award to compensate an expert witness may exceed the maximum daily rate prescribed for GS-18 under section 5332 of title 5 of the U.S. Code. However, an award may also include the reasonable expenses of the attorney, agent, or witness as a separate item, if the attorney, agent or witness ordinarily charges clients separately for such expenses.
(c) In determining the reasonableness of the fee sought for an attorney, agent or expert witness, the Presiding Officer shall consider the following:
(1) If the attorney, agent or witness is in private practice, his or her customary fee for similar services, or, if an employee of the applicant, the fully allocated cost of the services;
(2) The prevailing rate for similar services in the community in which the attorney, agent or witness ordinarily performs services;
(3) The time actually spent in the representation of the applicant;
(4) The time reasonably spent in light of the difficulty or complexity of the issues in the adjudicatory proceeding; and
(5) Such other factors as may bear on the value of the services provided.
(d) The reasonable cost of any study, analysis, test, project or similar matter prepared on behalf of a party may be awarded, to the extent that the charge for the service does not exceed the prevailing rate for similar services, and the study or other matter was necessary for preparation of the applicant's case.

## Nearby sections

- [17 C.F.R. § 148.1 (2026) § 148.1   Purpose of these rules.](https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_1.md)
- [17 C.F.R. § 148.2 (2026) § 148.2   When the Act applies.](https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_2.md)
- [17 C.F.R. § 148.3 (2026) § 148.3   Proceedings covered.](https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_3.md)
- [17 C.F.R. § 148.4 (2026) § 148.4   Eligibility of applicants.](https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_4.md)
- [17 C.F.R. § 148.5 (2026) § 148.5   Standards for awards.](https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_5.md)
- [17 C.F.R. § 148.6 (2026) § 148.6   Allowable fees and expenses.](https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_6.md)
- [17 C.F.R. § 148.7 (2026) § 148.7   Rulemaking on maximum rates for attorney fees.](https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_7.md)
- [17 C.F.R. § 148.8 (2026) § 148.8   Awards against other agencies.](https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_8.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T17_P148_S148_6. Check the current official text before relying on it. Not legal advice.