[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR14.28]

[Page 76-77]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
 
PART 14--RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980--Table of Contents
 
           Subpart C--Procedures for Considering Applications
 
Sec. 14.28  Review by FAA decisionmaker.

    (a) In proceedings other than those under part 17 of this chapter 
and the AMS, either the applicant or the FAA counsel may seek review of 
the initial decision on the fee application. Additionally, the FAA 
Decisionmaker may decide to review the decision on his/her own 
initiative. If neither the applicant nor the FAA's counsel seeks review 
within 30 days after the decision is issued, it shall become final. 
Whether to review a decision is a matter within

[[Page 77]]

the discretion of the FAA Decisionmaker. If review is taken, the FAA 
Decisionmaker will issue a final decision on the application or remand 
the application to the ALJ who issue the initial fee award determination 
for further proceedings.
    (b) In proceedings under part 17 of this chapter and the AMS, the 
adjudicative officer shall prepare findings and recommendations for the 
Office of Dispute Resolution for Acquisition with recommendations as to 
whether or not an award should be made, the amount of the award, and the 
reasons therefor. The Office of Dispute Resolution for Acquisition shall 
submit a recommended order to the Administrator after the completion of 
all submissions related to the EAJA application. Upon the 
Administrator's action, the order shall become final, and may be 
reviewed under 49 U.S.C. 46110.

[Doc. No. FAA-1998-4379, 64 FR 32936, June 18, 1999]