[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: 29CFR2704.203]

[Page 723]
 
                             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. 2704.203  Contents of application--where the Secretary's demand 

is substantially in excess of the judgment finally obtained and 
unreasonable.

    (a) An application for an award under Sec. 2704.105(b) shall show 
that the Secretary's demand is substantially in excess of the decision 
of the Commission; the application shall further allege that the 
Secretary's demand is unreasonable when compared with the Commission's 
decision.
    (b) The application shall show that the applicant is a small entity 
as defined in 5 U.S.C. 601(6), and the application must conform to the 
standards of the Small Business Administration at 13 CFR 121.201 for 
mining entities. The application shall include a statement of the 
applicant's annual receipts or number of employees, as applicable, in 
conformance with the requirements of 13 CFR 121.104 and 121.106. The 
application shall describe briefly the type and purpose of its 
organization or business.