[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: 14CFR14.20]



[Page 79]

 

                     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 C_Procedures for Considering Applications

 

Sec. 14.20  When an application may be filed.





    (a) An application may be filed whenever the applicant has prevailed 

in the proceeding, but in no case later than 30 days after the FAA 

Decisionmaker's final disposition of the proceeding, or service of the 

order of the Administrator in a proceeding under the AMS.

    (b) If review or reconsideration is sought or taken of a decision to 

which an applicant believes it has prevailed, proceedings for the award 

of fees shall be stayed pending final disposition of the underlying 

controversy.

    (c) For purposes of this part, final disposition means the later of:

    (1) Under part 17 of this chapter and the AMS, the date on which the 

order of the Administrator is served;

    (2) The date on which an unappealed initial decision becomes 

administratively final;

    (3) Issuance of an order disposing of any petitions for 

reconsideration of the FAA Decisionmaker's final order in the 

proceeding;

    (4) If no petition for reconsideration is filed, the last date on 

which such a petition could have been filed; or

    (5) Issuance of a final order or any other final resolution of a 

proceeding, such as a settlement or voluntary dismissal, which is not 

subject to a petition for reconsideration.



[54 FR 46199, Nov. 1, 1989, as amended by Amdt. 14-03, 64 FR 32936, June 

18, 1999]