[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: 29CFR2704.201]

[Page 722]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2704_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 
COMMISSION PROCEEDINGS--Table of Contents
 
             Subpart B_Information Required From Applicants
 
Sec. 2704.201  Contents of application--in general.

    Source: 63 FR 63176, Nov. 12, 1998, unless otherwise noted.


    (a) An application for an award of fees and expenses under the Act 
shall be made to the Chief Administrative Law Judge of the Commission at 
601 New Jersey Avenue, NW., Suite 9500, Washington, DC 20001. The 
application shall identify the applicant and the underlying proceeding 
for which an award is sought.
    (b) The application shall state the amount of fees and expenses for 
which an award is sought. The application may also include a request 
that attorney's fees be awarded at a rate higher than $125 per hour 
because of an increase in the cost of living or other special factors.
    (c) The application may also include any other matters that the 
applicant wishes the Commission to consider in determining whether and 
in what amount an award should be made.
    (d) The application should be signed by the applicant or an 
authorized officer or attorney of the applicant. It shall also contain 
or be accompanied by a written verification under oath or under penalty 
of perjury that the information provided in the application is true and 
correct.
    (e) Upon receipt of an application, the Chief Administrative Law 
Judge shall immediately assign it for disposition to the administrative 
law judge who presided over the underlying Mine Act proceeding.

[63 FR 63176, Nov. 12, 1998, as amended at 67 FR 60863, Sept. 27, 2002]