[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: 29CFR2704.203]

[Page 658-659]
 
                             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 B--Information Required From Applicants
 
Sec. 2704.203  Contents of application--where the Secretary's demand is substantially in excess of the judgment finally obtained and unreasonable.

    (a) An application for an award under Sec. 2704.105(b) shall show 
that the Secretary's demand is substantially in excess of the decision 
of the Commission; the application shall further allege that the 
Secretary's demand is unreasonable when compared with the Commission's 
decision.
    (b) The application shall show that the applicant is a small entity 
as defined in 5 U.S.C. 601(6), and the application must conform to the 
standards of the Small Business Administration at 13 CFR 121.201 for 
mining entities. The

[[Page 659]]

application shall include a statement of the applicant's annual receipts 
or number of employees, as applicable, in conformance with the 
requirements of 13 CFR 121.104 and 121.106. The application shall 
describe briefly the type and purpose of its organization or business.