[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

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

[CITE: 24CFR14.125]



[Page 173]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 14_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 

ADMINISTRATIVE PROCEEDINGS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  14.125  Standards for awards.



    (a) A prevailing applicant may receive an award for fees and 

expenses incurred in connection with a proceeding, or in a significant 

and discrete substantive portion of the proceeding, unless the position 

of the agency over which the applicant has prevailed was substantially 

justified. The position of the agency includes, in addition to the 

position taken by the agency in the adversary adjudication, the action 

or failure to act by the agency upon which the adversary adjudication is 

based. The burden of proof that an award should not be made to an 

ineligible prevailing applicant because the agency's position was 

substantially justified is on the agency counsel, who may avoid an award 

by showing that its position was reasonable in law and fact.

    (b) An award will be reduced or denied if the applicant has unduly 

or unreasonably protracted the proceeding, if the applicant has 

falsified the application (including documentation) or net worth exhibit 

or if special circumstances make the award sought unjust.