Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 01 - CRIMINAL INJURIES COMPENSATION BOARD
Chapter 12.01.01 - General Regulations
Section 12.01.01.10 - Representation by Attorney

Universal Citation: MD Code Reg 12.01.01.10

Current through Register Vol. 51, No. 19, September 20, 2024

A. A claimant may elect to be represented before the Board at all stages of the proceeding by an attorney licensed to practice in Maryland.

B. A claimant's attorney shall file a notice of appearance and, when appropriate, a notice of substitution, before, or at, the attorney's first appearance.

C. The notice in §B of this regulation remains in effect until the:

(1) Claimant files, with the Board, a written revocation of the attorney's authority to represent the claimant;

(2) Claimant's attorney files, with the Board, a written statement withdrawing from the case;

(3) Attorney states on the record at a Board hearing the attorney's decision to withdraw from the case; or

(4) Board receives notice of the attorney's death or disqualification; and.

(5) Board accepts the circumstances and approves the action.

D. Once a claimant's attorney files a notice of appearance with the Board, the Board shall send all further communication concerning the claim to the attorney of record and consider service of official documents on the attorney of record as service on the claimant.

E. Attorney Fees.

(1) The Board shall provide a fee petition form to the attorney of record along with a copy of the decision.

(2) The attorney shall itemize on the fee petition form the services provided and the time allocated for each.

(3) The hourly rate for an attorney's services:
(a) Other than for attending a hearing, may not exceed $50; or

(b) For attending a hearing, may not exceed $65.

(4) The claimant shall sign the attorney's completed fee petition form.

(5) The Board has the final approval of an attorney's fees.

(6) Attorney's Costs.
(a) In addition to fees for the professional services of an attorney, the Board shall approve reimbursement for certain expenses incurred by the attorney which are above normal business expenses.

(b) The Board considers an attorney's normal business expenses to be:
(i) Regular postage;

(ii) Non-toll telephone calls;

(iii) Secretarial services; and

(iv) Travel to attend a hearing, when the attorney's place of business is less than 20 miles from the location of the hearing.

(c) The Board shall consider costs for investigative services which may be reimbursed at a rate not to exceed $25 per hour.

(7) Notwithstanding other provisions, the Board may compensate an attorney for the total sum of attorney fees and expenses, an amount that does not exceed the total of 20 percent of the first $10,000 of an award, and 10 percent of the amount over $10,000.

(8) The calculations used in §E(7) of this regulation may not include parts of an award made for medical or funeral expenses.

(9) The Board may not authorize attorney fees or costs for claims when no monetary award is granted.

(10) The Board is not obligated to honor an agreement made independently between an attorney and a claimant to pay the attorney out of the claimant's award.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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