[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR18.16]

[Page 186-187]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 18--ATTORNEY'S FEES AND OTHER EXPENSES--Table of Contents
 
Sec. 18.16  Answer to application.

    (a) Within 30 calendar days after service of an application, counsel 
representing the agency against which an award is sought may file an 
answer to

[[Page 187]]

the application. Unless agency counsel requests an extension of time for 
filing (an extension for an additional 30 days is available as a matter 
of right) or files a statement of intent to negotiate under paragraph 
(b) of this section, failure to file an answer within the 30 calendar 
day period may be treated as a consent to the award requested.
    (b) If agency counsel and the applicant believe that the issues in 
the fee application can be settled, they may jointly file a statement of 
their intent to negotiate a settlement. The filing of this statement 
shall extend the time for filing an answer for an additional 30 days, 
and further extensions may be granted by the adjudicative officer upon 
request by agency counsel and the applicant.
    (c) The answer shall explain in detail any objections to the award 
requested and identify the facts relied on in support of the agency 
counsel's position. If the answer is based on any alleged facts not 
already in the record of the proceeding, agency counsel shall include 
with the answer either supporting affidavits or a request for further 
proceedings under Sec. 18.20.

[47 FR 13510, Mar. 31, 1982, as amended at 53 FR 6799, Mar. 3, 1988]