[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: 29CFR2704.206]

[Page 723-724]
 
                             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. 2704.206  When an application may be filed.

    (a) An application may be filed whenever the applicant has prevailed 
in the underlying proceeding or in a significant and discrete 
substantive portion of that proceeding. An application may also be filed 
when a demand by the Secretary is substantially in excess of the 
decision of the Commission and is unreasonable when compared with such 
decision. In no case may an application be filed later than 30 days 
after the Commission's final disposition of the underlying proceeding, 
or 30 days after issuance of a court judgment that is final and 
nonappealable in any Commission adjudication that has been appealed 
pursuant to section 106 of the Mine Act, 30 U.S.C. 816.

[[Page 724]]

    (b) If review or reconsideration is sought or taken of a decision on 
the merits as to which an applicant has prevailed or has been subjected 
to a demand from the Secretary substantially in excess of the decision 
of the Commission and unreasonable when compared to that decision, 
proceedings for the award of fees shall be stayed pending final 
disposition of the underlying controversy.
    (c) For purposes of this part, final disposition before the 
Commission means the date on which a decision in the underlying 
proceeding on the merits becomes final under sections 105(d) and 113(d) 
of the Mine Act (30 U.S.C. 815(d), 823(d)).