[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: 14CFR14.10]



[Page 77-78]

 

                     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 B_Information Required From Applicants

 

Sec. 14.10  Contents of application.





    (a) An application for an award of fees and expenses under the Act 

shall identify the applicant and the proceeding for which an award is 

sought. The application shall show that the applicant has prevailed and 

identify the position of the agency in the proceeding that the applicant 

alleges was not substantially justified. Unless the applicant is an 

individual, the application shall also state the number of employees of 

the applicant and describe briefly the type and purpose of its 

organization or business.

    (b) The application shall also include a statement that the 

applicant's net worth does not exceed $2 million (if an individual) or 

$7 million (for all other



[[Page 78]]



applicants, including their affiliates) at the time the adversary 

adjudication was initiated. However, an applicant may omit this 

statement if:

    (1) It attaches a copy of a ruling by the Internal Revenue Service 

that it qualifies as an organization described in section 501(c)(3) of 

the Internal Revenue Code (26 U.S.C. 501(c)(3)), or in the case of a 

tax-exempt organization not required to obtain a ruling from the 

Internal Revenue Service on its exempt status, a statement that 

describes the basis for the applicant's belief that it qualifies under 

such section; or

    (2) It states that it is a cooperative association as defined in 

section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)).

    (c) The application shall state the amount of fees and expenses for 

which an award is sought.

    (d) The application may also include any other matters that the 

applicant wishes this agency to consider in determining whether and in 

what amount an award should be made.

    (e) The application shall be signed by the applicant or an 

authorized officer or attorney for the applicant. It shall also contain 

or be accompanied by a written verification under oath or under penalty 

of perjury that the information provided in the application is true and 

correct.

    (f) If the applicant is a partnership, corporation, association, 

organization, or sole owner of an unincorporated business, the 

application shall state that the applicant did not have more than 500 

employees at the time the adversary adjudication was initiated, giving 

the number of its employees and describing briefly the type and purpose 

of its organization or business.