[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: 14CFR1262.105]



[Page 365]

 

                     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. 1262.105  Standards for awards.



    (a) A prevailing applicant may receive an award subject to paragraph 

(b) of this section, for fees and expenses incurred in connection with a 

proceeding, or in a significant and discrete substantive portion of the 

proceeding, unless the position of the agency over which the applicant 

has prevailed was substantially justified. No presumption arises that 

the agency's position was not substantially justified simply because the 

agency did not prevail. The burden of proof that an award should not be 

made to an eligible prevailing applicant is on the agency.

    (b) An award, for any portion of the adversary adjudication, will be 

denied if the applicant has unreasonably protracted the proceedings, or 

denied or reduced if special circumstances make the award sought unjust.