# 29 CFR § 2704.107: Rulemaking on maximum rates for attorney's fees

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.107

## Section

- **Citation:** 29 CFR § 2704.107
- **Heading:** Rulemaking on maximum rates for attorney's fees
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 29—Labor > Subtitle B—Regulations Relating to Labor > CHAPTER XXVII—FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION > PART 2704—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS > Subpart A—General Provisions

## Text

(a) If warranted by an increase in the cost of living or by special circumstances (such as limited availability of attorneys qualified to handle certain types of proceedings), attorney's fees may be awarded at a rate higher than $125 per hour. Any such increase in the rate for attorney's fees will be made only upon a petition submitted by the applicant, pursuant to § 2704.201, and only if the administrative law judge determines, in his or her discretion, that it is justified. Any such adjustment in fees is subject to Commission review as specified in § 2704.308.
(b) Any person may file with the Commission a petition for rulemaking to increase the maximum rate for attorney fees. The petition should identify the rate the petitioner believes the Commission should establish and the types of proceedings in which the rate should be used. It should also explain fully the reasons why the higher rate is warranted. The Commission will respond to the petition within 60 days after it is filed, by initiating an informal rulemaking proceeding, denying the petition, or taking other appropriate action.
[47 FR 10001, Mar. 9, 1982, as amended at 63 FR 63176, Nov. 12, 1998]

## Nearby sections

- [29 CFR § 2704.100 § 2704.100 Purpose of these rules.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.100.md)
- [29 CFR § 2704.101 § 2704.101 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.101.md)
- [29 CFR § 2704.102 § 2704.102 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.102.md)
- [29 CFR § 2704.103 § 2704.103 Proceedings covered.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.103.md)
- [29 CFR § 2704.104 § 2704.104 Eligibility of applicants.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.104.md)
- [29 CFR § 2704.105 § 2704.105 Standards for awards.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.105.md)
- [29 CFR § 2704.106 § 2704.106 Allowable fees and expenses.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.106.md)
- [29 CFR § 2704.107 § 2704.107 Rulemaking on maximum rates for attorney's fees.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.107.md)
- [29 CFR § 2704.108 § 2704.108 Awards.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.108.md)
- [29 CFR § 2704.109 § 2704.109 Delegations of authority.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.109.md)
- [29 CFR § 2704.201 § 2704.201 Contents of application—in general.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.201.md)
- [29 CFR § 2704.202 § 2704.202 Contents of application—where the applicant has prevailed.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.202.md)
- [29 CFR § 2704.203 § 2704.203 Contents of application—where the Secretary's demand is substantially in excess of the judgment finally obtained and unreasonable.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.203.md)
- [29 CFR § 2704.204 § 2704.204 Confidential financial information.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.204.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.107. Check the current official text before relying on it. Not legal advice.