[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR14.03]



[Page 76-77]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 14_RULES IMPLEMENTING THE EQUAL ACCESS TO JUSTICE ACT OF 1980

--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 14.03  Eligibility of applicants.



    (a) To be eligible for an award of attorney fees and other expenses 

under the Act, the applicant must be a party to the adversary 

adjudication for which it seeks an award. The term ``party'' is defined 

in 5 U.S.C. 504(b)(1)(B) and 5 U.S.C. 551(3). The applicant must show 

that it meets all conditions or eligibility set out in this subpart.

    (b) The types of eligible applicants are as follows:

    (1) An individual with a net worth of not more than $2 million at 

the time the adversary adjudication was initiated;

    (2) The sole owner of an unincorporated business who has a net worth 

of not more than $7 million, including both personal and business 

interests, and not more than 500 employees at the time the adversary 

adjudication was initiated;

    (3) A charitable or other tax-exempt organization described in 

section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) 

with not more than 500 employees at the time the adversary adjudication 

was initiated; and

    (4) A cooperative association as defined in section 15(a) of the 

Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 

employees at the time the adversary adjudication was initiated; and

    (5) Any other partnership, corporation, association, or public or 

private organization with a net worth of not more than $7 million and 

not more than 500 employees at the time the adversary adjudication was 

initiated.

    (c) For the purpose of eligibility, the net worth and number of 

employees of an applicant shall be determined as of the date the 

proceeding was initiated.

    (d) An applicant who owns an unincorporated business will be 

considered an ``individual'' rather than a ``sole owner of an 

unincorporated business'' if the issues on which the applicant prevails 

are related primarily to personal interests rather than to business 

interest.

    (e) The employees of an applicant include all persons who regularly 

perform services for remuneration for the applicant, under the 

applicant's direction and control. Part-time employees shall be included 

on a proportional basis.

    (f) The net worth and number of employees of the applicant and all 

of its affiliates shall be aggregated to determine eligibility. Any 

individual, corporation, or other entity that directly or indirectly 

controls or owns a majority of the voting shares or other interest of 

the applicant, or any corporation or other entity of which the applicant 

directly or indirectly owns or controls a majority of the voting shares 

or other interest, will be considered an affiliate for purposes of this 

part, unless the ALJ or adjudicative officer determines that such 

treatment would be unjust and contrary to the purposes of the Act in 

light of the actual relationship between the affiliated entities. In 

addition, the ALJ or adjudicative officer may determine that financial 

relationships of the applicant, other than those described in this 

paragraph, constitute special circumstances that would make an award 

unjust.

    (g) An applicant that participates in a proceeding primarily on 

behalf of one



[[Page 77]]



or more other persons or entities that would be ineligible if not itself 

eligible for an award.



[54 FR 46199, Nov. 1, 1989, as amended by Amdt. 14-03, 64 FR 32935, June 

18, 1999]