[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: 34CFR21.30]

[Page 43]
 
                           TITLE 34--EDUCATION
 
PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents
 
               Subpart D_How Does One Apply for an Award?
 
Sec. 21.30  Time for filing application.


    (a) In order to be considered for an award under this part, an 
applicant may file its application when it prevails in an adversary 
adjudication--or in a significant and discrete substantive portion of an 
adversary adjudication--but no later than 30 days after the Department's 
final disposition of the adversary adjudication.
    (b) In the case of a review or reconsideration of a decision in 
which an applicant has prevailed or believes it has prevailed, the 
adjudicative officer shall stay the proceedings on the application 
pending final disposition of the underlying issue.
    (c) For purposes of this part, final disposition of the adversary 
adjudication means the latest of--
    (1) The date on which an initial decision or other recommended 
disposition of the merits of the proceeding by an adjudicative officer 
becomes administratively final;
    (2) The date of an order disposing of any petitions for 
reconsideration of the final order in the adversary adjudication;
    (3) If no petition for reconsideration is filed, the last date on 
which that type of petition could have been filed; or
    (4) The date of a final order or any other final resolution of a 
proceeding--such as a settlement or voluntary dismissal--that is not 
subject to a petition for reconsideration.

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