[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2204.101]

[Page 309]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2204_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 
 
                      Subpart A_General Provisions
 
Sec. 2204.101  Purpose of these rules.

PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW 
COMMISSION--Table of Contents




                      Subpart A_General Provisions

Sec.
2204.101 Purpose of these rules.
2204.102 Definitions.
2204.103 When the EAJA applies.
2204.104 Proceedings covered.
2204.105 Eligibility of applicants.
2204.106 Standards for awards.
2204.107 Allowable fees and expenses.
2204.108 Delegation of authority.

             Subpart B_Information Required From Applicants

2204.201 Contents of applicaton.
2204.202 Net worth exhibit.
2204.203 Documentation of fees and expenses.

            Subpart C_Procedures for Considering Applications

2204.301 Filing and service of documents.
2204.302 When an application may be filed.
2204.303 Answer to application.
2204.304 Reply.
2204.305 Comments by other parties.
2204.306 Settlement.
2204.307 Further proceedings.
2204.308 Decision.
2204.309 Commission review.
2204.310 Waiver.
2204.311 Payment of award.

    Authority: Sec. 203(a)(1), Pub. L. 96-481, 94 Stat. 2325 (5 U.S.C. 
504(c)(1)); Pub. L. 99-80, 99 Stat. 183.

    Source: 46 FR 48080, Sept. 30, 1981, unless otherwise noted.

    Editorial Note: Nomenclature changes to part 2204 appear at 62 FR 
59569, Nov. 4, 1997.



    The Equal Access to Justice Act, 5 U.S.C. 504, provides for the 
award of attorney or agent fees and other expenses to eligible 
individuals and entities who are parties to certain administrative 
proceedings (called ``adversary adjudications'') before the Occupational 
Safety and Health Review Commission. An eligible party may receive an 
award when it prevails over the Secretary of Labor, unless the 
Secretary's position in the proceeding was substantially justified or 
special circumstances make an award unjust. The rules in this part 
describe the parties eligible for awards and the proceedings that are 
covered. They also explain how to apply for awards and the procedures 
and standards that the Commission uses to make awards.

[46 FR 48080, Sept. 30, 1981, as amended at 52 FR 5456, Feb. 23, 1987]