[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: 24CFR14.310]



[Page 176]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 14_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 

ADMINISTRATIVE PROCEEDINGS--Table of Contents

 

            Subpart C_Procedures for Considering Applications

 

Sec.  14.310  Answer to application.



    (a) Within 30 days after service of an application, agency counsel 

may file an answer to the application. Agency counsel may request an 

extension of time for filing. If agency counsel fails to answer or 

otherwise fails to contest or settle the application, the adjudicative 

officer, upon a satisfactory showing of entitlement by the applicant, 

may make an award for the applicant's fees and other expenses under the 

Act.

    (b) If agency counsel and the applicant believe that the issues in 

the fee application can be settled, they may jointly file a statement of 

their intent to negotiate a settlement. The filing of this statement 

shall extend the time for filing an answer for an additional 30 days, 

and further extensions may be granted by the adjudicative officer upon 

request by agency counsel and the applicant.

    (c) The answer shall explain in detail any objections to the award 

requested and identify the facts relied on in support of agency 

counsel's position. If the answer is based on any alleged facts not 

already in the record of the proceeding, agency counsel shall include 

with the answer either supporting affidavits or a request for further 

proceedings under Sec.  14.325.