[Code of Federal Regulations]
[Title 19, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR212.05]

[Page 180]
 
                        TITLE 19--CUSTOMS DUTIES
 
                            TRADE COMMISSION
 
PART 212--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT--Table of Contents
 
                      Subpart A--General Provisions
 
Sec.  212.05  Standards for awards.

    (a) The determination whether an applicant is a prevailing party 
shall be made on a case-by-case basis.
    (b) A prevailing applicant may receive an award for fees and 
expenses incurred in connection with an adversary adjudication, or in a 
significant and discrete substantive portion of the adversary 
adjudication, unless the position of the Commission investigative 
attorney was substantially justified. The burden of proof that an award 
should not be made to an eligible prevailing applicant is on the 
Commission investigative attorney. An award may be avoided by showing 
that the position of the Commission was reasonable in law and fact.
    (c) An award will be reduced or denied if the applicant has unduly 
or unreasonably protracted the adversary adjudication or if special 
circumstances make the award sought unjust. The burden of proof that an 
award should be reduced or denied for either of these reasons is on the 
Commission investigative attorney.