[Code of Federal Regulations]
[Title 34, Volume 1]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 34CFR21.3]

[Page 40-41]
 
                           TITLE 34--EDUCATION
 
PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents
 
                            Subpart A_General
 
Sec. 21.3  Definitions.

    The following definitions apply to this part:
    Act means the Equal Access to Justice Act.
    Adjudicative officer means the Administrative Law Judge, hearing 
examiner,

[[Page 41]]

or other deciding official who presided at the underlying adversary 
adjudication.

(Authority: 5 U.S.C. 504(b)(1)(D))

    Adversary adjudication means a proceeding--
    (1) Conducted by the Department for the formulation of an order or 
decision arising from a hearing on the record under the Administrative 
Procedure Act (5 U.S.C. 554);
    (2) Listed in Sec. 21.10; and
    (3) In which the position of the Department was represented by 
counsel or other representative who entered an appearance and 
participated in the proceeding.

(Authority: 5 U.S.C. 504(b)(1)(C))

    Application subject to the jurisdiction of the CRRA means an 
application for fees and expenses based on an underlying proceeding 
conducted under 34 CFR parts 100, 101, 104, 106, or 110.

(Authority: 5 U.S.C. 504(b)(1)(C); 20 U.S.C. 1681; 29 U.S.C. 794; 42 
U.S.C. 2000d-1 et seq. and 6101 et seq.)

    CRRA means the Civil Rights Reviewing Authority, the reviewing 
authority established by the Secretary to consider applications under 34 
CFR parts 100, 101, 104, 106, and 110.

(Authority: 5 U.S.C. 504(b)(1)(C); 20 U.S.C. 1681; 29 U.S.C. 794; 42 
U.S.C. 2000d-1 et seq. and 6101 et seq.)

    Department means the U.S. Department of Education.
    Department's counsel means counsel for the Department of Education 
or another Federal agency.
    Employee means:
    (1) A person who regularly performs services for an applicant--
    (i) For remuneration; and
    (ii) Under the applicant's direction and control.
    (2) A part-time or seasonal employee who performs services for an 
applicant--
    (i) For renumeration; and
    (ii) Under the applicant's direction and control.

(Authority: 5 U.S.C. 504(c)(1))

    Fees and other expenses means an eligible applicant's reasonable 
fees and expenses--
    (1) Related to the issues on which it was the prevailing party in 
the adversary adjudication; and
    (2) Further described in Sec. Sec. 21.33 and 21.50.

(Authority: 5 U.S.C. 504 (a)(1), (b)(1)(A), and (c)(1))

    Party means a ``person'' or a ``party'' as those terms are defined 
in the Administrative Procedure Act (5 U.S.C. 551(3)), including an 
individual, partnership, corporation, association, unit of local 
government, or public or private organization that meets the 
requirements in Sec. 21.20. The term does not include an agency of the 
Federal Government.

(Authority: 5 U.S.C. 504(b)(1)(B))

    Position of the Department means, in addition to the position taken 
by the Department in the adversary adjudication, the action or failure 
to act by the Department upon which the adversary adjudication is based.

(Authority: 5 U.S.C. 504 (a)(1) and (b)(1)(E))

    Secretary means the Secretary of the U.S. Department of Education or 
an official or employee of the Department acting for the Secretary under 
a delegation of authority.

(Authority: 5 U.S.C. 504 (b)(2) and (c)(1))