N.J. Admin. Code § 13:75-4.10

Current through Register Vol. 56, No. 8, April 15, 2024

Section 13:75-4.10 - Attorney fees

(a) The Office may, as part of any order for payment, determine and allow reasonable attorney fees and costs, which shall not exceed 15 percent of the amount awarded as compensation, to an attorney representing an applicant in seeking compensation from the Office.

1. The attorney fee award for representation of an applicant in seeking compensation from the Office shall be paid in addition to the compensation to the claimant and shall not be included in calculating the maximum benefit available to a claimant.

2. Any attorney fee award made pursuant to (b) below shall not be included in calculating the attorney fee payable under this section.

3. An attorney fee award for representing a claimant or victim in an appeal or his or her application for compensation from the Office shall not be less than $ 500.00, unless the Office determines that the attorney has not acted diligently or in good faith representing the claimant or victim.

4. If the Office enters an order denying compensation, it may nevertheless allow an award of attorney's fees of $ 500.00, if the Office determines that the attorney acted diligently and in good faith in representing the claimant or victim.

(b) The Office may allow payment of an attorney fee , including costs, up to a maximum of $ 10,000, to an attorney who provides legal assistance to a victim in any legal matter, other than a decision of the Office, arising from, or related to, having been the victim of the offense that forms the basis of the victim's or claimant's application for compensation.

1. Payment pursuant to this subsection shall be subject to the limitation on compensation set forth at section 18 of P.L. 1971, c. 317 (N.J.S.A. 52:4B-18).

(c) Attorney fee awards made pursuant to (a) or (b) above shall be paid at an hourly rate of $ 275.00.

1. Every application for an award of attorney fees shall be accompanied by an affidavit of service from the attorney, which shall include a detailed hourly accounting of work completed by the attorney.

2. Where an attorney is seeking a fee award pursuant to both (a) and (b) above, separate affidavits of service shall be filed specifically identifying the work performed for each category for which payment is sought.

(d) All records of public agencies that are necessary to the investigation of a claim shall, whenever possible, be obtained by the Office. Therefore, no payment shall be made to an attorney for obtaining such reports unless the Office had made a specific request of the claimant and/or of his or her attorney for such reports.

N.J. Admin. Code § 13:75-4.10

Amended by 50 N.J.R. 841(a), effective 2/5/2018

Amended by 53 N.J.R. 1852(c), effective 11/1/2021