[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR21.1]



[Page 40]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

                            Subpart A_General

 

Sec. 21.1  Equal Access to Justice Act.









                            Subpart A_General



Sec.

21.1 Equal Access to Justice Act.

21.2 Time period when the Act applies.

21.3 Definitions.



          Subpart B_Which Adversary Adjudications Are Covered?



21.10 Adversary adjudications covered by the Act.

21.11 Effect of judicial review of adversary adjudication.



                Subpart C_How Is Eligibility Determined?



21.20 Types of eligible applicants.

21.21 Determination of net worth and number of employees.

21.22 Applicants representing others.



               Subpart D_How Does One Apply for an Award?



21.30 Time for filing application.

21.31 Contents of application.

21.32 Confidentiality of information about net worth.

21.33 Allowable fees and expenses.



     Subpart E_What Procedures Are Used in Considering Applications?



21.40 Filing and service of documents.

21.41 Answer to application.

21.42 Reply.

21.43 Comments by other parties.

21.44 Further proceedings.



                  Subpart F_How Are Awards Determined?



21.50 Standards for awards.

21.51 Initial decision in applications not subject to the CRRA.

21.52 Initial decision by an adjudicative officer in applications 

          subject to CRRA jurisdiction.

21.53 Final decision of the CRRA.

21.54 Review by the Secretary.

21.55 Final decision if the Secretary does not review.

21.56 Judicial review.



                     Subpart G_How Are Awards Paid?



21.60 Payment of awards.

21.61 Release.



    Authority: 5 U.S.C. 504, unless otherwise noted.



    Source: 58 FR 47192, Sept. 7, 1993, unless otherwise noted.







    (a) The Equal Access to Justice Act (the Act) provides for the award 

of fees and other expenses to applicants that--

    (1) Are prevailing parties in adversary adjudications before the 

Department of Education; and

    (2) Meet all other conditions of eligibility contained in this part.

    (b) An eligible applicant, as described in paragraph (a) of this 

section, is entitled to receive an award unless--

    (1) The adjudicative officer, the Civil Rights Reviewing Authority 

(CRRA), or the Secretary on review, determines that--

    (i) The Department's position was substantially justified; or

    (ii) Special circumstances make an award unjust; or

    (2) The adversary adjudication is under judicial review, in which 

case the applicant may receive an award only as described in Sec. 

21.11.

    (c) The determination under paragraph (b)(1)(i) of this section is 

based on the administrative record, as a whole, made during the 

adversary adjudication for which fees and other expenses are sought.



(Authority: 5 U.S.C. 504(a)(1) and (c)(1))