(b) Where an order of Denial is entered by the Board, the Board shall make no award of a legal fee to the attorney for the claimant. Where an appearance is made pursuant to N.J.A.C. 13:75-1.10 (d), and a subsequent Order of Denial is entered, the Board shall make no award of a legal fee.

(c) For all claim applications filed prior to July 1, 1990, attorney's fees shall be computed on an hourly basis and shall not exceed a maximum of $50.00 an hour.

1. For all applications filed on or after July 1, 1990, attorney's fees shall be computed on an hourly basis at the rate of  $75.00 per hour. For all applications filed on or after October 1, 2003, attorney's fees shall be computed on an hourly basis at the rate of $125.00 per hour.  Where an appearance is made at a Board hearing pursuant to N.J.A.C. 13:75-1.10(d) which results in an Order of Payment, the Board shall award a fee of up to $300.00 for said  appearance notwithstanding the amount of time spent in attending said hearing so long as the aggregate of the hourly and hearing attendance fee shall not exceed 15% of the amount awarded as compensation.

2. The Board shall require an affidavit of service where attorney's fees exceed $1500. Said affidavit must include an hourly accounting of work completed by the attorney in direct relation to the claim before the Board.

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