[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: 14CFR1262.308]



[Page 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. 1262.308  Agency review.



    (a) Within 30 calendar days of the receipt of the adjudicative 

officer's initial decision on the fee application, either the applicant 

or agency counsel may seek Agency review of the decision; or, the NASA 

Administrator, upon the recommendation of the General Counsel or other 

designee, may decide to review the decision based on the record. Whether 

to review a decision is solely a matter within the discretion of the 

NASA Administrator. A 15-day notice of such review will be given the 

applicant and agency counsel, and a determination made not later than 45 

days from the date of notice. The Administrator may make a final 

determination concerning the application or remand the application to 

the adjudicative officer for further proceedings.

    (b) If neither the applicant nor agency counsel seek review, and the 

NASA Administrator does not on own initiative take a review, the 

adjudicative officer's initial decision on the fee application shall be 

the final administrative decision of the Agency 45 days after it is 

issued.