[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: 14CFR1262.201]



[Page 366]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

           Subpart 1262.2_Information Required From Applicants

 

Sec. 1262.201  Contents of application.





    (a) An application for an award of fees and expenses under the Act 

shall identify the applicant and the proceeding for which an award is 

sought. The application shall show that the applicant has prevailed and 

identify the position of an agency or agencies in the proceeding that 

the applicant alleges was not substantially justified. Unless the 

applicant is an individual, the application shall also state the number 

of employees of the applicant and describe briefly the type and purpose 

of its organization or business.

    (b) The application shall also include a statement that the 

applicant's net worth does not exceed $2 million (if an individual) or 

$7 million (for all other applicants, including their affiliates). 

However, an applicant may omit this statement if the applicant:

    (1) Attaches a copy of a ruling by the Internal Revenue Service that 

it qualifies as an organization described in section 501(c)(3) of the 

Internal Revenue Code (26 U.S.C. 501(c)(3)), or, in the case of a tax-

exempt organization not required to obtain a ruling from the Internal 

Revenue Service on its exempt status, a statement that describes the 

basis for the applicant's belief that it qualifies under such section; 

or

    (2) States that it is a cooperative association as defined in 

section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)).

    (c) The application shall state the amount of fees and expense for 

which an award is sought.

    (d) The application may also include any other matters that the 

applicant wishes this Agency to consider in determing whether and in 

what amount an award should be made.

    (e) The application shall be signed by the applicant or an 

authorized officer or attorney of the applicant. It shall also contain 

or be accompanied by a written verification under oath or under penalty 

of perjury that the information provided in the application is true and 

correct.