[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: 29CFR2204.106]

[Page 310-311]
 
                             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. 2204.106  Standards for awards.

    (a) A prevailing applicant may receive an award for fees and 
expenses in connection with a proceeding, or in a discrete substantive 
portion of the proceedings, unless the position of the

[[Page 311]]

Secretary was substantially justified. The position of the Secretary 
includes, in addition to the position taken by the Secretary in the 
adversary adjudication, the action or failure to act by the Secretary 
upon which the adversary adjudication is based. The burden of persuasion 
that an award should not be made to an eligible prevailing applicant 
because the Secretary's position was substantially justified is on the 
Secretary.
    (b) An award shall be reduced or denied if the applicant has unduly 
or unreasonably protracted the proceeding. An award shall be denied if 
special circumstances make an award unjust.

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