[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: 15CFR18.4]

[Page 182-183]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
PART 18--ATTORNEY'S FEES AND OTHER EXPENSES--Table of Contents
 
Sec. 18.4  Proceedings covered.

    (a) The Act applies to adversary adjudications conducted by the 
Department and to appeals of decisions of contracting officers of the 
Department made pursuant to section 6 of the Contract Disputes Act of 
1978 (41 U.S.C. 605) before agency boards of contract appeals as 
provided in section 8 of that Act (41 U.S.C. 607). Adversary 
adjudications conducted by the Department are adjudications under 5 
U.S.C. 554 in which the position of this or any other agency of the 
United States, or any component of an agency, is presented by an 
attorney or other representative who enters an appearance and 
participates in the proceeding. Pursuant to section 8(c) of the Contract 
Disputes Act (41 U.S.C. 607(c)), the Department has arranged for appeals 
from decisions by contracting officers of the Department to be decided 
by the General Services Administration Board of Contract Appeals. This 
Board, in accordance with its own procedures, shall be responsible for 
making determinations on applications pursuant to the Act relating to 
appeals to the Board from decisions of contracting officers of the 
Department. Such determinations are final, subject to appeal under 
Sec. 18.23. Any proceeding in which the Department may prescribe a 
lawful present or future rate is not covered by the Act. Proceedings to 
grant or renew licenses are also excluded, but proceedings to modify, 
suspend, or revoke licenses are covered if they are otherwise 
``adversary adjudications.'' The Department proceedings covered are:

[[Page 183]]

    (1) Department-wide. (i) Title VI Civil Rights hearings conducted by 
the Department under 42 U.S.C. 2000d-1 and 15 CFR 8.12(d).
    (ii) Handicap discrimination hearings conducted by the Department 
under 29 U.S.C. 794(a) and 15 CFR 8.12(d).
    (2) National Oceanic and Atmospheric Administration (``NOAA'')
    (i) Proceedings concerning suspension, revocation, or modification 
of a permit or license issued by NOAA.
    (ii) Proceedings to assess civil penalties under any of the statutes 
administered by NOAA.
    (3) International Trade Administration. Enforcement proceedings 
under the AntiBoycott provisions of the Export Administration Act of 
1979, 50 U.S.C. app. 2407.
    (4) Patent and Trademark Office. Disbarment proceedings of attorneys 
and agents under 35 U.S.C. 32.
    (b) The Department may also designate a proceeding not listed in 
paragraph (a) of this section as an adversary adjudication for purposes 
of the Act by so stating in an order initiating the proceeding or 
designating the matter for hearing. The Department's failure to 
designate a proceeding as an adversary adjudication shall not preclude 
the filing of an application by a party who believes the proceeding is 
covered by the Act; whether the proceeding is covered will then be an 
issue for resolution in proceedings on the application.
    (c) If a proceeding includes both matters covered by the Act and 
matters specifically excluded from coverage, any award made will include 
only fees and expenses related to covered issues.

[47 FR 13510, Mar. 31, 1982, as amended at 53 FR 6798, Mar. 3, 1988]