[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2204.101]

[Page 286]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2204--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 2204.101  Purpose of these rules.


    The Equal Access to Justice Act, 5 U.S.C. 504, provides for the 
award of attorney or agent fees and other expenses to eligible 
individuals and entities who are parties to certain administrative 
proceedings (called ``adversary adjudications'') before the Occupational 
Safety and Health Review Commission. An eligible party may receive an 
award when it prevails over the Secretary of Labor, unless the 
Secretary's position in the proceeding was substantially justified or 
special circumstances make an award unjust. The rules in this part 
describe the parties eligible for awards and the proceedings that are 
covered. They also explain how to apply for awards and the procedures 
and standards that the Commission uses to make awards.

[46 FR 48080, Sept. 30, 1981, as amended at 52 FR 5456, Feb. 23, 1987]