[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: 24CFR14.325]



[Page 176-177]

 

                 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.  14.325  Extensions of time and further proceedings.



    (a) The adjudicative officer on motion and for good cause shown may 

grant extensions of time other than for filing an application for fees 

and expenses after final disposition in the adversary adjudication.

    (b) Ordinarily, the determination of an award will be made on the 

basis of the written record. However, on request of either the applicant 

or agency counsel, or on his or her own initiative, the adjudicative 

officer may order further proceedings, such as an informal conference, 

oral argument, additional written submissions, or as to issues other 

than substantial justification (such as the applicant's eligibility or 

substantiation of fees and expenses), pertinent discovery or an 

evidentiary hearing. Such further proceedings shall be held only when 

necessary for full



[[Page 177]]



and fair resolution of the issues arising from the application, and 

shall be conducted as promptly as possible. Whether or not the position 

of the agency was substantially justified shall be determined on the 

basis of the administrative record, as a whole, which is made in the 

adversary adjudication for which fees and other expenses are sought.

    (c) A request that the adjudicative officer order further 

proceedings under this section shall specifically identify the 

information sought or the disputed issues and shall explain why the 

additional proceedings are necessary to resolve the issues.