[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: 14CFR1262.306]



[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. 1262.306  Further proceedings.



    (a) Ordinarily, the determination of an award will be made on the 

basis of the written record. However, on request of either the applicant 

or agency counsel, or on his or her own initiative, the adjudicative 

officer may order further proceedings, such as an informal conference, 

oral argument, additional written submissions, or, as to issues other 

than substantial justification (such as the applicant's eligibility or 

substantiation of fees and expenses), pertinent discovery or an 

evidentiary hearing. Such further proceedings shall be held only when 

necessary for full and fair resolution of the issues arising from the 

application, and shall be conducted as promptly as possible.

    (b) A request that the adjudicative officer order further 

proceedings under this section shall specifically identify the 

information sought or the disputed issues and shall explain why the 

additional proceedings are necessary to resolve the issues.