[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2204.308]

[Page 306-307]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2204_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS 
 
            Subpart C_Procedures for Considering Applications
 
Sec. 2204.308  Decision.

    The preparation and issuance of decision shall be in accordance with 
Sec. 2200.90. Additionally, the judge's decision shall include written 
findings and conclusions on the applicant's eligibility and status as a 
prevailing party and an explanation of the reasons for

[[Page 307]]

any difference between the amount requested and the amount awarded. The 
decision shall also include, if at issue, findings on whether the 
Secretary's position was substantially justified, whether the applicant 
unduly protracted the proceedings, or whether special circumstances make 
an award unjust.