[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: 14CFR14.22]



[Page 79-80]

 

                     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. 14.22  Answer to application.



    (a) Within 30 days after service of an application, counsel 

representing the agency against which an award is sought may file an 

answer to the application. Unless agency counsel requests an extension 

of time for filing or files a statement of intent to negotiate under 

paragraph (b) of the section, failure to file an answer within the 30-

day period may be treated as a consent to the award requested.

    (b) If the FAA's counsel and the applicant believe that the issues 

in the fee application can be settled, they may jointly file a statement 

of their intent to negotiate a settlement. The filing of this statement 

shall extend the time for filing an answer for an additional 30 days, 

and further extensions may be granted by the ALJ or adjudicative officer 

upon request by the FAA's counsel and the applicant.

    (c) The answer shall explain in detail any objections to the award 

requested



[[Page 80]]



and identify the facts relied on in support of agency counsel's 

position. If the answer is based on any alleged facts not already in the 

record of the proceeding, agency counsel shall include with the answer 

either supporting affidavits or a request for further proceedings under 

Sec. 14.26.



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

18, 1999]