[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: 14CFR1262.302]



[Page 368]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

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

Contents

 

         Subpart 1262.3_Procedures for Considering Applications

 

Sec. 1262.302  Answer to application.



    (a) Within 30 calendar days after service of an application, counsel 

representing the agency against which an award is sought may file an 

answer to the application. Unless agency counsel requests an extension 

of time for filing or files a statement of intent to negotiate under 

paragraph (b) of this section, failure to file an answer within the 30-

day period may be treated as a consent to the award requested.

    (b) If agency counsel and the applicant believe that the issues in 

the fee application can be settled, they may jointly file a statement of 

their intent to negotiate a settlement. The filing of this statement 

shall extend the time for filing an answer for an additional 30 calendar 

days, and further extensions may be granted by the adjudicative officer 

upon request by agency counsel and the applicant.

    (c) The answer shall explain in detail any objections to the award 

requested and identify the facts relied on in support of agency 

counsel's position. If the answer is based on any alleged facts not 

already in the record of the proceeding, agency counsel shall include 

with the answer either supporting affidavits or a request for further 

proceedings under Sec. 1262.306.