[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: 24CFR14.215]



[Page 175-176]

 

                 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.  14.215  When an application may be filed.



    (a) An application may be filed whenever the applicant has prevailed 

in the proceeding or in a significant and discrete substantive portion 

of the proceeding, but in no case later than 30 days after the 

Department's final disposition of the proceeding.

    (b) For purposes of this rule, final disposition means the date on 

which a decision or order disposing of the merits of the proceeding or 

any other complete resolution of the proceeding, such as a settlement of 

voluntary dismissal, become final and unappealable, both within the 

Department and to the courts.

    (c) If review or reconsideration (under HUD Board of Contract 

Appeals Rule 29, 24 CFR 20.10) is sought or taken of a decision as to 

which an applicant believes it has prevailed, proceedings for the award 

of fees shall be stayed pending final disposition of the underlying 

controversy. When the United States appeals the underlying merits of an 

adversary adjudication to a court, no decision on an application for 

fees and other expenses in connection with that adversary adjudication 

shall be made until a final and unreviewable decision is rendered by



[[Page 176]]



the court on the appeal or until the underlying merits of the case have 

been finally determined pursuant to the appeal.