[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR14.04]

[Page 73]
 
                     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 A--General Provisions
 
Sec. 14.04  Standards for awards.

    (a) A prevailing applicant may receive an award for attorney fees 
and other expenses incurred in connection with a proceeding, or in a 
significant and discrete substantive portion of the proceeding, unless 
the position of the agency over which the applicant has prevailed was 
substantially justified. Whether or not the position of the FAA was 
substantially justified shall be determined on the basis of the record 
(including the record with respect to the action or failure to act by 
the agency upon which the civil action is based) which was made in the 
civil action for which fees and other expenses are sought. The burden of 
proof that an award should not be made to an eligible prevailing 
applicant is on the agency counsel, who may avoid an award by showing 
that the agency's position was reasonable in law and fact.
    (b) An award will be reduced or denied if the applicant has unduly 
or unreasonably protracted the proceeding or if special circumstances 
make the award sought unjust.