[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: 29CFR2704.100]

[Page 702-703]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2704_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION 
PROCEEDINGS--Table of Contents
 
                      Subpart A_General Provisions
 
Sec. 2704.100  Purpose of these rules.




                      Subpart A_General Provisions

Sec.
2704.100 Purpose of these rules.
2704.101 Definitions.
2704.102 Applicability.
2704.103 Proceedings covered.
2704.104 Eligibility of applicants.
2704.105 Standards for awards.
2704.106 Allowable fees and expenses.
2704.107 Rulemaking on maximum rates for attorney fees.
2704.108 Awards.
2704.109 Delegations of authority.

             Subpart B_Information Required From Applicants

2704.201 Contents of application--in general.
2704.202 Contents of application--where the applicant has prevailed.
2704.203 Contents of application--where the Secretary's demand is 
          substantially in excess of the judgment finally obtained and 
          unreasonable.
2704.204 Confidential financial information.
2704.205 Documentation of fees and expenses.

[[Page 703]]

2704.206 When an application may be filed.

            Subpart C_Procedures for Considering Applications

2704.301 Filing and service of documents.
2704.302 Answer to application.
2704.303 Reply.
2704.304 Comments by other parties.
2704.305 Settlement.
2704.306 Further proceedings on the application.
2704.307 Decision of administrative law judge.
2704.308 Commission review.
2704.309 Judicial review.
2704.310 Payment of award.

    Authority: (5 U.S.C. 504(c)(1); Pub. L. 99-80, 99 Stat. 183; Pub. L. 
104-121, 110 Stat. 862.

    Source: 47 FR 10001, Mar. 9, 1982, unless otherwise noted.



    The Equal Access to Justice Act, 5 U.S.C. 504, provides for the 
award of attorney fees and other expenses to eligible individuals and 
entities who are parties to certain administrative proceedings (called 
``adversary adjudications'') before this Commission. An eligible party 
may receive an award when it prevails over the Department of Labor, Mine 
Safety and Health Administration (MSHA), unless the Secretary of Labor's 
position in the proceeding was substantially justified or special 
circumstances make an award unjust. In addition to the foregoing ground 
of recovery, an eligible party may receive an award if the demand of the 
Secretary is substantially in excess of the decision of the Commission 
and unreasonable, unless the applicant party has committed a willful 
violation of law or otherwise acted in bad faith, or special 
circumstances make an award unjust. The rules in this part describe the 
parties eligible for each type of award. They also explain how to apply 
for awards, and the procedures and standards that this Commission will 
use to make the awards.

[63 FR 63175, Nov. 12, 1998]