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Title 45: Public Welfare
SUBTITLE A: DEPARTMENT OF HEALTH AND HUMAN SERVICES
SUBCHAPTER A: GENERAL ADMINISTRATION
PART 13: IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS
Subpart A: General Provisions
13.7 - Studies, exhibits, analyses, engineering reports, tests and projects.
The reasonable cost (or the reasonable portion of the cost) for any study, exhibit, analysis, engineering report, test, project or similar matter prepared on behalf of a party may be awarded to the extent that:
(a) The charge for the service does not exceed the prevailing rate payable for similar services,
(b) The study or other matter was necessary to the preparation for the administrative proceeding, and
(c) The study or other matter was prepared for use in connection with the administrative proceeding. No award will be made for a study or other matter which was necessary to satisfy statutory or regulatory requirements, or which would ordinarily be conducted as part of the party's business irrespective of the administrative proceeding.
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