[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: 29CFR2704.100]

[Page 655]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2704--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 2704.100  Purpose of these rules.


    The Equal Access to Justice Act, 5 U.S.C. 504, provides for the 
award of attorney fees and other expenses to eligible individuals and 
entities who are parties to certain administrative proceedings (called 
``adversary adjudications'') before this Commission. An eligible party 
may receive an award when it prevails over the Department of Labor, Mine 
Safety and Health Administration (MSHA), unless the Secretary of Labor's 
position in the proceeding was substantially justified or special 
circumstances make an award unjust. In addition to the foregoing ground 
of recovery, an eligible party may receive an award if the demand of the 
Secretary is substantially in excess of the decision of the Commission 
and unreasonable, unless the applicant party has committed a willful 
violation of law or otherwise acted in bad faith, or special 
circumstances make an award unjust. The rules in this part describe the 
parties eligible for each type of award. They also explain how to apply 
for awards, and the procedures and standards that this Commission will 
use to make the awards.

[63 FR 63175, Nov. 12, 1998]