[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: 14CFR14.04]



[Page 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. 14.04  Standards for awards.



    (a) A prevailing applicant may receive an award for attorney fees 

and other expenses incurred in connection with a proceeding, or in a 

significant and discrete substantive portion of the proceeding, unless 

the position of the agency over which the applicant has prevailed was 

substantially justified. Whether or not the position of the FAA was 

substantially justified shall be determined on the basis of the record 

(including the record with respect to the action or failure to act by 

the agency upon which the civil action is based) which was made in the 

civil action for which fees and other expenses are sought. The burden of 

proof that an award should not be made to an eligible prevailing 

applicant is on the agency counsel, who may avoid an award by showing 

that the agency's position was reasonable in law and fact.

    (b) An award will be reduced or denied if the applicant has unduly 

or unreasonably protracted the proceeding or if special circumstances 

make the award sought unjust.