[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: 24CFR14.50]



[Page 170-171]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 14_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN 

ADMINISTRATIVE PROCEEDINGS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  14.50  Definitions.









                      Subpart A_General Provisions



Sec.

14.50 Definitions.

14.100 Time computation.

14.105 Purpose of these rules.

14.110 When the Act applies.



[[Page 171]]



14.115 Proceedings covered.

14.120 Eligibility of applicants.

14.125 Standards for awards.

14.130 Allowable fees and expenses.

14.135 Rulemaking on maximum rates for attorney fees.

14.140 Awards against other agencies.



             Subpart B_Information Required From Applicants



14.200 Contents of application.

14.205 Net worth exhibit.

14.210 Documentation of fees and expenses.

14.215 When an application may be filed.



            Subpart C_Procedures for Considering Applications



14.300 Jurisdiction of adjudicative officer.

14.305 Filing and service of documents.

14.310 Answer to application.

14.315 Comments by other parties.

14.320 Settlement.

14.325 Extensions of time and further proceedings.

14.330 Decision.

14.335 Departmental review.

14.340 Judicial review.

14.345 Payment of award.



    Authority: Sec. 504(c)(1) of the Equal Access to Justice Act (5 

U.S.C. 504(c)(1); sec. 7(d) of the Department of Housing and Urban 

Development Act (42 U.S.C. 3535(d)).



    Source: 52 FR 27126, July 17, 1987, unless otherwise noted.







    Act. The Equal Access to Justice Act, 5 U.S.C. 504, title II of Pub. 

L. 96-481, as amended by Pub. L. 99-80.

    Adjudicative officer. The hearing examiner, administrative law 

judge, administrative judge of the HUD Board of Contract Appeals, or 

other officer designated by the Secretary or other responsible 

Department official, who presided at the adversary adjudication.

    Adversary adjudication. (a) An adjudication under 5 U.S.C. 554 in 

which the position of the United States is represented by counsel or 

otherwise, but not including an adjudication for the purpose of 

establishing or fixing a rate or for the purpose of granting or renewing 

a license; and

    (b) Appeals of decisions of contracting officers made pursuant to 

section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before 

agency boards of contract appeals as provided in section 8 of that Act 

(41 U.S.C. 607).

    Agency counsel (a) When the position of the Department is being 

represented, the attorney or attorneys designated by the Department's 

General Counsel to represent the Department in a proceeding covered by 

this part, and

    (b) When the position of another agency of the United States is 

being represented, the representative as designated by that agency.

    Department. The Department of Housing and Urban Development, or the 

organizational unit within the Department responsible for conducting an 

adversary adjudication subject to this part.

    Proceeding. An adversary adjudication as defined above.

    Secretary. The Secretary of Housing and Urban Development.