45 CFR Part 1609—Fee-Generating Cases
Part 1609 contains LSC’s guidelines describing when recipients may use LSC funds to take fee-generating cases. LSC proposes three primary revisions to the current rule: 1) revise the definition of “fee-generating case” to make clear that such cases are ones in which an attorney may reasonably expect to receive a fee from an award to a client; 2) clarify that “fee-generating case” does not include advice or brief services provided by a recipient to preserve rights while the individual seeks counsel or to help an individual develop a statement of facts to present to a private attorney who may take the case; and 3) clarify that attorneys’ fees paid to a recipient attorney in the recipient attorney’s own name must be remitted to the recipient if the case was handled using LSC funds.
Comments must be received by LSC by March 15, 2017 to be considered. Please contact Stefanie K. Davis (email@example.com; 202-295-1563) if you have questions or need additional information.
- Notice of Proposed Rulemaking—45 CFR Part 1609: Fee-Generating Cases, 82 FR 10446 (Feb. 13, 2017)
Cost Standards and Property Management, Acquisition, and Disposal—45 CFR Part 1630 and the Property Acquisition and Management Manual
Information about this rulemaking and the related workshops appears at the Rulemaking—Cost Standards and Property Management, Acquisition, and Disposal webpage.
45 CFR Parts 1610, 1627, and 1630 - Use of Non-LSC Funds, Transfer of LSC Funds, Program Integrity; Subgrants and Membership Fees or Dues; Cost Standards and Procedures
LSC adopted revisions to these rules that are effective on April 1, 2017.
- Final Rule: Use of Non-LSC Funds, Transfers of LSC Funds, Program Integrity; Subgrants and Membership Fees or Dues; Cost Standards and Procedures, 82 FR 10273 (February 10, 2017) (effective April 1, 2017)
Final Rule Consideration
Board Consideration of Final Rule—January 26–28, 2017
- Operations & Regulations Committee Meeting Transcript | January 26, 2016 (forthcoming)
- LSC Board of Directors Meeting Transcript | January 28, 2017 (forthcoming)
- Part 1627 Draft Final Rule (page 71) | January 23, 2017
Board Briefing on Revisions to Final Rule—November 22, 2016
Operations & Regulations Committee Consideration of Final Rule—October 16, 2016
Further Proposed Rulemaking (FNPRM)—April 2016
- Operations & Regulations Committee Meeting Transcript—Consideration of FNPRM | April 18, 2016 (pp. 46–68)
- FNPRM—Part 1627 Subgrants and Membership Fees or Dues | April 26, 2016
Proposed Rulemaking (NPRM)—April 2015
- Operations and Regulations Committee Meeting Transcript—Consideration of NPRM | April 12, 2015 (pp. 7–31)
- NPRM—Parts 1610, 1627, and 1630 proposed rule for public comment | April 20, 2015
- Extension of comment deadline to June 10, 2015.
- Metro Volunteer Lawyers, June 10, 2015
- National Legal Aid & Defender Association, June 10, 2015
- Legal Services Corporation—Office of the Inspector General, June 10, 2015
- American Bar Association through the Standing Committee on Legal Aid & Indigent Defendants, June 8, 2015
- Northwest Justice Project, May 19, 2015
- Colorado Legal Services, March 5, 2015