[Federal Register Volume 65, Number 81 (Wednesday, April 26, 2000)]
[Rules and Regulations]
[Page 24381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10232]



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Rules and Regulations
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Federal Register / Vol. 65, No. 81 / Wednesday, April 26, 2000 / 
Rules and Regulations

[[Page 24381]]



MERIT SYSTEMS PROTECTION BOARD

5 CFR Part 1201


Practices and Procedures

AGENCY: Merit Systems Protection Board.

ACTION: Final rule.

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SUMMARY: The Merit Systems Protection Board (MSPB or the Board) is 
amending its rules of practice and procedure with respect to attorney 
fee proceedings to permit reimbursement to a prevailing appellant's 
attorney at his customary billing rate if that rate is consistent with 
the prevailing community rate where the attorney ordinarily practices. 
The intent of the amendment is to provide a more equitable scheme for 
reimbursement of a prevailing appellant's attorney fees.

EFFECTIVE DATE: April 26, 2000.

FOR FURTHER INFORMATION CONTACT: Robert E. Taylor, Clerk of the Board, 
(202) 653-7200.

SUPPLEMENTARY INFORMATION: The Merit Systems Protection Board 
previously published a proposal to amend its rule at 5 CFR 
Sec. 1201.203, which governs attorney fee proceedings, to permit 
reimbursement of a prevailing appellant's attorney fees at the 
attorney's customary billing rate if that rate is consistent with the 
prevailing community rate for similar services where the attorney 
ordinarily practices. (64 FR 72040, December 23, 1999) The Board 
requested comments on the proposal and suggestions as to alternatives 
that might carry out the Board's intent of establishing a more 
equitable scheme for reimbursement of a prevailing appellant's attorney 
fees. The due date for comments was February 7, 2000.
    Comments were received from three practitioners, all with 
experience representing appellants before the Board. Each of these 
practitioners supports the Board's proposal. No comments were received 
in opposition to the proposal.
    One practitioner suggested that the Board also amend 5 CFR 
Sec. 1201.203 to provide that ``reasonable'' attorney fees will be 
determined using the attorney's current, rather than historic, rates. 
The practitioner argued that such a rule would provide fairer 
compensation where a case takes years to resolve. The Board concludes 
that this suggestion is beyond the scope of the proposed rule and that 
any such change would more appropriately be developed through case law.
    The Board is publishing this rule as a final rule pursuant to 5 
U.S.C. 1204(h).

List of Subjects in 5 CFR Part 1201

    Administrative practice and procedure, Civil rights, Government 
employees.
    Accordingly, the Board amends 5 CFR part 1201 as follows:

PART 1201--PRACTICES AND PROCEDURES

    1. The authority citation for part 1201 continues to read as 
follows:

    Authority: 5 U.S.C. 1204 and 7701, unless otherwise noted.

    2. Amend Sec. 1201.203 by revising paragraph (a)(3) to read as 
follows:


Sec. 1201.203  Proceedings for attorney fees.

    (a) * * *
    (3) A statement of the attorney's customary billing rate for 
similar work, with evidence that that rate is consistent with the 
prevailing community rate for similar services in the community in 
which the attorney ordinarily practices; and
* * * * *

    Dated: April 19, 2000.
Robert E. Taylor,
Clerk of the Board.
[FR Doc. 00-10232 Filed 4-25-00; 8:45 am]
BILLING CODE 7400-01-P