[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: 14CFR1262.309]



[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. 1262.309  Judicial review.



    Judicial review of final Agency decisions on awards may be sought 

under 5 U.S.C. 504(c)(2), which provides: If a party other than the 

United States is dissatisfied with a determination of fees and other 

expenses made under [this part], that party may, within 30 days after 

the [final administrative] determination is made, appeal the 

determination to the court of the United States having jurisdiction to 

review the merits of the underlying decision of the agency adversary 

adjudication. The court's determination of any appeal heard under this 

[authority] shall be based solely on the factual record made before the 

agency. The court may modify the determination of fees and other 

expenses only if the court finds that the failure to make an award of 

fees and other expenses, or the calculation of the amount of the award, 

was unsupported by the substantial evidence.



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