[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

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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))