[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: 24CFR14.200]



[Page 174]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 14_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 

ADMINISTRATIVE PROCEEDINGS--Table of Contents

 

             Subpart B_Information Required From Applicants

 

Sec.  14.200  Contents of application.





    (a) An application for an award of fees and expenses under the Act 

shall identify the applicant and the proceeding for which an award is 

sought. The application shall show that the applicant has prevailed and 

identify the position of the Department or other agencies that the 

applicant alleges was not substantially justified. Unless the applicant 

is an individual, the application shall also state the number of 

employees of the applicant and describe briefly the type and purpose of 

its organization or business.

    (b) The application shall also include a statement that the 

applicant's net worth does not exceed $2 million (if an individual) or 

$7 million (for all other applicants, including their affiliates). 

However, an applicant may omit this statement if:

    (1) It attaches a copy of a ruling by the Internal Revenue Service 

that it qualifies as an organization described in section 501(c)(3) of 

the Internal Revenue Code, 26 U.S.C. 501(c)(3), or, in the case of a 

tax-exempt organization not required to obtain a ruling from the 

Internal Revenue Service on its exempt status, a statement that 

describes the basis for the applicant's belief that it qualifies under 

such section; or

    (2) It states that it is a cooperative association as defined in 

section 15(a) of the Agricultural Marketing Act, 12 U.S.C. 1141j(a).

    (c) If the applicant is a partnership, corporation, association, or 

organization, or a sole owner of an unincorporated business, the 

applicant shall state that it did not have more than 500 employees at 

the time the proceeding was initiated, giving the number of its 

employees and describing briefly the type and purpose of its 

organization or business.

    (d) The application shall also itemize the amount of fees and 

expenses for which an award is sought.

    (e) The application also may include any other matters that the 

applicant wishes the Department to consider in determining whether and 

in what amount an award should be made.

    (f) The application shall be signed by the applicant or an 

authorized officer with respect to the eligibility of the applicant and 

by the attorney of the applicant with respect to fees and expenses 

sought. The application shall contain or be accompanied by a written 

verification under oath or affirmation under penalty of perjury that the 

information provided in the application and all accompanying material is 

true and complete to the best of the applicant's or authorized officer's 

information and belief.



(Approved by the Office of Management and Budget under control number 

2510-0001)