[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: 14CFR1262.307]



[Page 368-369]

 

                     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. 1262.307  Decision.



    (a) The adjudicative officer shall issue an initial decision on the 

application with 90 calendar days after completion of proceedings on the 

application. The decision shall include written findings and conclusions 

on such of the following as are relevant to the decision:

    (1) The applicant's eligibility and status as a prevailing party;

    (2) Whether the Agency's position was substantially justified;

    (3) Whether the applicant unreasonably protracted the proceedings, 

or whether special circumstances make an award unjust; and



[[Page 369]]



    (4) The amounts, if any, awarded for fees and expenses with an 

explanation of the reasons for any difference between the amount 

requested and the amount awarded. Further, if the applicant has sought 

an award against more than one agency, the decision shall allocate 

responsibility for payment of any award made among the agencies, and 

shall explain the reasons for the allocation made.

    (b) When the Agency appeals the underlying merits of an adversary 

adjudication, no decision on an application for fees and other expenses 

in connection with that adversary adjudication shall be made until a 

final and unreviewable decision is rendered by the court on the appeal 

or until the underlying merits of the case have been finally determined 

pursuant to the appeal.



[51 FR 15311, Apr. 23, 1986, as amended at 60 FR 12669, Mar. 8, 1995]