[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: 29CFR2704.307]

[Page 661]
 
                             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 C--Procedures for Considering Applications
 
Sec. 2704.307  Decision of administrative law judge.

    The administrative law judge shall issue an initial decision on the 
application within 75 days after completion of proceedings on the 
application. In all decisions on applications, the administrative law 
judge shall include written findings and conclusions on the applicant's 
eligibility, and an explanation of the reasons for any difference 
between the amount requested and the amount awarded. As to applications 
filed pursuant to Sec. 2704.105(a), the administrative law judge shall 
also include findings on the applicant's status as a prevailing party 
and whether the position of the Secretary was substantially justified; 
if at issue, the judge shall also make findings on whether the applicant 
unduly protracted or delayed the underlying proceeding or whether 
special circumstances make the award unjust. As to applications filed 
pursuant to Sec. 2704.105(b), the administrative law judge shall include 
findings on whether the Secretary made a demand that is substantially in 
excess of the decision of the Commission and unreasonable when compared 
with that decision; if at issue, the judge shall also make findings on 
whether the applicant has committed a willful violation of the law or 
otherwise acted in bad faith or whether special circumstances make the 
award unjust. Under either paragraph, the decision shall include, if at 
issue, detailed findings and conclusions on whether an increase in the 
cost of living or any other special factor justifies a higher fee than 
the $125 per hour fee set forth in the statute. The initial decision by 
the administrative law judge shall become final 40 days after its 
issuance unless review by the Commission is ordered under Sec. 2704.308 
of this part.

[63 FR 63177, Nov. 12, 1998]