[Code of Federal Regulations] [Title 34, Volume 1] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 34CFR21.31] [Page 43-44] TITLE 34--EDUCATION PART 21--EQUAL ACCESS TO JUSTICE--Table of Contents Subpart D--How Does One Apply for an Award? Sec. 21.31 Contents of application. (a) In its application for an award of fees and other expenses, an applicant shall include the following: (1) Information adequate to show that the applicant is a prevailing party in an adversary adjudication or in a significant and discrete substantive portion of an adversary adjudication. (2) A statement that the adversary adjudication is covered by the Act according to Sec. 21.10. (3) An allegation that the position of the Department was not substantially justified, including a description of the specific position. (4) Unless the applicant is a qualified tax-exempt organization or a qualified agricultural cooperative association, information adequate to show that the applicant qualifies under the requirements of Secs. 21.20 and 21.21 regarding net worth. The information, if applicable, shall include a detailed exhibit of the net worth of the applicant--and its affiliates as described in Sec. 21.21--as of the date the proceeding was initiated. (5)(i) The total amount of fees and expenses sought in the award; and (ii) An itemized statement of-- (A) Each expense; and (B) Each fee, including the actual time expended for this fee and the rate at which the fee was computed. (6) A written verification under oath or affirmation or under penalty of perjury from each attorney representing the applicant stating-- (i) The rate at which the fee submitted by the attorney was computed; and (ii) The actual time expended for the fee. (7) A written verification under oath, affirmation, or under penalty of perjury that the information contained in the application and any accompanying material is true and complete to the [[Page 44]] best of the applicant's information and belief. (b) The adjudicative officer may require the applicant to submit additional information. (Authority: 5 U.S.C. 504 (a)(2) and (c)(1))