[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1262.101]



[Page 362-363]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1262_EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of 

Contents

 

                    Subpart 1262.1_General Provisions

 

Sec. 1262.101  Purpose of these rules.









                    Subpart 1262.1_General Provisions



Sec.

1262.101 Purpose of these rules.

1262.102 When the Act applies.

1262.103 Proceedings covered.

1262.104 Eligibility of applicants.

1262.105 Standards for awards.

1262.106 Allowable fees and expenses.

1262.107 Rulemaking on maximum rates for attorney fees.

1262.108 Awards against other agencies.

1262.109 Delegations of authority.



           Subpart 1262.2_Information Required From Applicants



1262.201 Contents of application.

1262.202 Net worth exhibit.

1262.203 Documentation of fees and expenses.

1262.204 When an application may be filed.



[[Page 363]]



         Subpart 1262.3_Procedures for Considering Applications



1262.301 Filing and service of documents.

1262.302 Answer to application.

1262.303 Reply.

1262.304 Comments by other parties.

1262.305 Settlement.

1262.306 Further proceedings.

1262.307 Decision.

1262.308 Agency review.

1262.309 Judicial review.

1262.310 Payment of award.



    Authority: 5 U.S.C. 504; 42 U.S.C. 2473(c)(1).



    Source: 51 FR 15311, Apr. 23, 1986, unless otherwise noted.







    (a) The pertinent provisions of the Equal Access to Justice Act at 5 

U.S.C. 504 (hereinafter ``the Act'') provide for the award of attorney 

fees and other expenses to eligible individuals and entities who are 

parties to certain administrative proceedings (called ``adversary 

adjudications''). An eligible party may receive an award when it 

prevails, unless it has unreasonably protracted the proceedings, or the 

Agency's position in the proceeding was substantially justified, or 

special circumstances make an award unjust. The rules in this part 

describe the parties eligible for awards and the proceedings that are 

covered. They also explain how to apply for awards, and the procedures 

and standards that the National Aeronautics and Space Administration 

(NASA) will use in determining awards.

    (b) As used in this part:

    (1) Adversary adjudication means:

    (i) An adjudication under 5 U.S.C. 554 in which the position of the 

United States is represented by counsel or otherwise, but excludes an 

adjudication for the purpose of establishing or fixing a rate or for the 

purpose of granting or renewing a license;

    (ii) Any appeal of a decision made pursuant to section 6 of the 

Contract Disputes Act (CDA) of 1978, as amended (41 U.S.C. 605) before 

an agency board of contract appeals as provided in section 8 of the CDA 

(41 U.S.C. 607);

    (iii) Any hearing conducted under Chapter 38 of Title 31 (added by 

section 6104 of the Program Fraud Civil Remedies Act of 1986 (Pub. L. 

99-509, 100 Stat. 1948, Oct. 21, 1986), 31 U.S.C. 3801, et seq., as 

amended); and

    (iv) The Religious Freedom Restoration Act (RFRA) of 1993 (added by 

section 4(b), of RFRA (Pub. L. 103-141, 107 Stat. 1489, Nov. 16, 1993), 

42 U.S.C. 2000bb).

    (2) Adjudicative officer means the deciding official, without regard 

to whether the official is designated an administrative law judge, a 

hearing officer or examiner, or otherwise, who presided at the adversary 

adjudication;

    (3) Position of the agency means, in addition to the position taken 

by the agency in the adversary adjudication, the action or failure to 

act by the agency upon which the adversary adjudication is based;

    (4) Party, as defined in 5 U.S.C. 551(3), includes a person or 

agency named or admitted as a party, or properly seeking and entitled as 

of right to be admitted as a party, in an agency proceeding, and a 

person or agency admitted by an agency as a party for limited purposes, 

and who meets the eligibility requirements of Sec. 1262.104; and

    (5) Agency with a capital A denotes the NASA.

    (c) Determination of Substantially justified. 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.



[51 FR 15311, Apr. 23, 1986, as amended at 60 FR 12668, Mar. 8, 1995]