[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: 24CFR14.330]



[Page 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.  14.330  Decision.



    The adjudicative officer shall issue an initial decision on the 

application within 30 days after completion of proceedings on the 

application. The decision shall include written findings and conclusions 

on such of the following as are relevant to the decision:

    (a) The applicant's status as a prevailing party;

    (b) The applicant's qualification as a party under 5 U.S.C. 

504(b)(1)(B);

    (c) Whether the agency's position was substantially justified;

    (d) Whether special circumstances make an award unjust;

    (e) Whether the applicant during the course of the proceedings 

engaged in conduct that unduly and unreasonably protracted the final 

resolution of the matter in controversy; and

    (f) The amounts, if any, awarded for fees and other expenses, with 

reasons for any difference between the amount requested and the amount 

awarded.



If the applicant has sought an award against more than one agency, the 

decision shall allocate responsibility for payment of any award made 

among the agencies, and shall explain the reasons for the allocation 

made.