[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: 29CFR2204.106]

[Page 287]
 
                             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. 2204.106  Standards for awards.

    (a) A prevailing applicant may receive an award for fees and 
expenses in connection with a proceeding, or in a discrete substantive 
portion of the proceedings, unless the position of the Secretary was 
substantially justified. The position of the Secretary includes, in 
addition to the position taken by the Secretary in the adversary 
adjudication, the action or failure to act by the Secretary upon which 
the adversary adjudication is based. The burden of persuasion that an 
award should not be made to an eligible prevailing applicant because the 
Secretary's position was substantially justified is on the Secretary.
    (b) An award shall be reduced or denied if the applicant has unduly 
or unreasonably protracted the proceeding. An award shall be denied if 
special circumstances make an award unjust.

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