R994-508-203. Criteria for Evaluation of Fee Petition

  The appropriateness of the fee will be determined using the following criteria:

  (1) the complexity of the issues involved;

  (2) the amount of time actually spent in;

  (a) preparation of the case;

  (b) attending the hearing;

  (c) preparation of a brief, if required. Unless an appeal is taken to the Court of Appeals, fees charged for preparation of briefs or memoranda will not ordinarily be approved unless the ALJ requested or preapproved the filing of the brief or memoranda; and

  (d) further appeal to the Board, the Court of Appeals, and/or the Supreme Court.

  (3) The quality of service rendered including:

  (a) preparedness of the representative;

  (b) organization and presentation of the case;

  (c) avoidance of undue delays. A representative should make every effort to go forward with the hearing when it is originally scheduled to avoid leaving the claimant without income or an unnecessary overpayment; and,

  (d) the necessity of representation. If the ALJ or the Board determines that the claimant was not in need of representation because of the simplicity of the case or the lack of preparation on the part of the representative, only a minimal fee may be approved or, in unusual circumstances, a fee may be disallowed.

  (4) The prevailing fee in the community. The prevailing fee is the rate charged by peers for the same type of service. In determining the prevailing fee for the service rendered, the Department may consider information obtained from the Utah State Bar Association, Lawyer's Referral Service, or other similar organizations as well as similar cases before the Appeals Unit.