[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: 34CFR21.21]



[Page 42]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

                Subpart C_How Is Eligibility Determined?

 

Sec. 21.21  Determination of net worth and number of employees.



    (a) The adjudicative officer shall determine an applicant's net 

worth and number of employees as of the date the adversary adjudication 

was initiated.

    (b) In determining eligibility, the adjudicative officer shall 

include the net worth and number of employees of the applicant and all 

of the affiliates of the applicant.

    (c) For the purposes of paragraph (b) of this section, the 

adjudicative officer shall consider the following as an affiliate:

    (1) Any individual, corporation, or other entity that directly or 

indirectly owns or controls a majority of the voting shares or other 

interest of the applicant;

    (2) Any corporation or other entity of which the applicant directly 

or indirectly owns or controls a majority of the voting shares or other 

interest; and

    (3) Any entity with a financial relationship to the applicant that, 

in the determination of the adjudicative officer, constitutes an 

affiliation for the purposes of paragraph (b) of this section.

    (d) In determining the number of employees of an applicant and its 

affiliates, the adjudicative officer shall count part-time employees on 

a proportional basis.



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