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B-139703 1 (1978-07-31)

handle is hein.gao/gaobadggh0001 and id is 1 raw text is: I 'I. mEcISION FILE: B-139703 MATTER OF: DIG EST: , r/ .COMPTnOLLLR WENERAL * 1*4 DITHE UNITuL aTATE \44 V W A S VIINWASHINGTON, o.L. 054e1 Attorneys Fees - Federal Trade Commission The lederal Trade Commission has discretion to determine etigibility fur reimbursement of costs of participation in its rulemaking proceedings, including reasonable ittor.-ya fees under 15 U.S.C. § 57a(h)(1)(19'i6), However, payment of an amount in excers of the costs actually incurred fcr legal s'rvices is not authorized, even though the participant utilized house counsel whose rate of pay is lower than prevailing rates, The Federal Trade Commission (FTC) has requested an opinion on whether 5 18(h)(1) of thq Federal Trade Ccnmmission Act, as amended, 15 U.S.C. § 57a(h)(1)(1976)(the Act) authorizes compensa- Lion of pernono eligible for reasonable attorneys fees under that section in amounts equal to the reasonable value of their services even if a lower fee is actually incurred. Section 18(h)(1) reads, in pertinent part, as follows: (h) Compensation for attorney fees, expert witness fees, etc., Incurred by persons in rulemaking pro- ceedings; aggregate amount payable in any fiscal year (1) The Commission may, pursuant to rules pre- scribed by it, provide-compensat.Aon for reasonable attorneys fees, expert witness fees, and other costs of participating in a rulemaking proceeding under this section to any person (A) who has, or represents, an interest (i) which would not otherwise be adequately represented in such proceeding, Lnd (ii) represLatuttion of which is necessary for a fair determination of the rulemaking proceeding taken as a whole, and (B) who in unable effectively to participate In such proceeding - 1- %s I - U DATE: July 31, 1978

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