[Code of Federal Regulations]
[Title 14, Volume 5, Parts 1200 to end]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1262.105]

[Page 359-360]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                          SPACE ADMINISTRATION
 
PART 1262--EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of Contents
 
                   Subpart 1262.1--General Provisions
 
Sec. 1262.105  Standards for awards.

    (a) A prevailing applicant may receive an award subject to paragraph 
(b) of this section, for fees and expenses incurred in connection with a 
proceeding,

[[Page 360]]

or in a significant and discrete substantive portion of the proceeding, 
unless the position of the agency over which the applicant has prevailed 
was substantially justified. No presumption arises that the agency's 
position was not substantially justified simply because the agency did 
not prevail. The burden of proof that an award should not be made to an 
eligible prevailing applicant is on the agency.
    (b) An award, for any portion of the adversary adjudication, will be 
denied if the applicant has unreasonably protracted the proceedings, or 
denied or reduced if special circumstances make the award sought unjust.