[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: 34CFR21.51]

[Page 46-47]
 
                           TITLE 34--EDUCATION
 
PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents
 
                  Subpart F_How Are Awards Determined?
 
Sec. 21.51  Initial decision in applications not subject to the CRRA.

    (a) In applications not subject to the jurisdiction of the CRRA, the 
adjudicative officer shall issue an initial decision on an application 
within 30 days after completion of proceedings on the application.
    (b) The initial decision must include the following:
    (1) Written findings, including sufficient supporting explanation, 
on--
    (i) The applicant's status as a prevailing party;
    (ii) The applicant's eligibility;
    (iii) Whether the position of the Department was substantially 
justified;
    (iv) Whether special circumstances make an award unjust;
    (v) If applicable, whether the applicant engaged in conduct that 
unduly or unreasonably protracted the adversary adjudication; and
    (vi) Other factual issues raised in the adversary adjudication.
    (2) A statement of the amount awarded, including an explanation--
with supporting information--for any difference between the amount 
requested by the applicant and the amount awarded.
    (3) A statement of the applicant's right to request review by the 
Secretary under Sec. 21.54.
    (4) A statement of the applicant's right under Sec. 21.56 to seek 
judicial review of the final award determination.
    (c) The explanation referred to in paragraph (b)(2) of this section 
may include--
    (1) Whether the amount requested was reasonable; and

[[Page 47]]

    (2) The extent to which the applicant unduly or unreasonably 
protracted the adversary adjudication.

(Authority: 5 U.S.C. 504 (a)(3) and (c))