[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: 14CFR14.28]



[Page 80-81]

 

                     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. 14.28  Review by FAA decisionmaker.



    (a) In proceedings other than those under part 17 of this chapter 

and the AMS, either the applicant or the FAA counsel may seek review of 

the initial decision on the fee application in accordance with subpart G 

of part 13 of this chapter, specifically Sec. 13.233. Additionally, the 

FAA Decisionmaker may decide to review the decision on his/her own 

initiative. If neither the applicant nor the FAA's counsel seeks review 

within 30 days after the decision is issued, it shall become final. 

Whether



[[Page 81]]



to review a decision is a matter within the discretion of the FAA 

Decisionmaker. If review is taken, the FAA Decisionmaker will issue a 

final decision on the application or remand the application to the ALJ 

who issue the initial fee award determination for further proceedings.

    (b) In proceedings under part 17 of this chapter and the AMS, the 

adjudicative officer shall prepare findings and recommendations for the 

Office of Dispute Resolution for Acquisition with recommendations as to 

whether or not an award should be made, the amount of the award, and the 

reasons therefor. The Office of Dispute Resolution for Acquisition shall 

submit a recommended order to the Administrator after the completion of 

all submissions related to the EAJA application. Upon the 

Administrator's action, the order shall become final, and may be 

reviewed under 49 U.S.C. 46110.



[Doc. No. FAA-1998-4379, 64 FR 32936, June 18, 1999, as amended at 70 FR 

8238, Feb. 18, 2005]