[Code of Federal Regulations]

[Title 34, Volume 1]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 34CFR21.3]



[Page 40-41]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

                            Subpart A_General

 

Sec.  21.3  Definitions.



    The following definitions apply to this part:

    Act means the Equal Access to Justice Act.

    Adjudicative officer means the Administrative Law Judge, hearing 

examiner,



[[Page 41]]



or other deciding official who presided at the underlying adversary 

adjudication.



(Authority: 5 U.S.C. 504(b)(1)(D))



    Adversary adjudication means a proceeding--

    (1) Conducted by the Department for the formulation of an order or 

decision arising from a hearing on the record under the Administrative 

Procedure Act (5 U.S.C. 554);

    (2) Listed in Sec.  21.10; and

    (3) In which the position of the Department was represented by 

counsel or other representative who entered an appearance and 

participated in the proceeding.



(Authority: 5 U.S.C. 504(b)(1)(C))



    Application subject to the jurisdiction of the CRRA means an 

application for fees and expenses based on an underlying proceeding 

conducted under 34 CFR parts 100, 101, 104, 106, or 110.



(Authority: 5 U.S.C. 504(b)(1)(C); 20 U.S.C. 1681; 29 U.S.C. 794; 42 

U.S.C. 2000d-1 et seq. and 6101 et seq.)



    CRRA means the Civil Rights Reviewing Authority, the reviewing 

authority established by the Secretary to consider applications under 34 

CFR parts 100, 101, 104, 106, and 110.



(Authority: 5 U.S.C. 504(b)(1)(C); 20 U.S.C. 1681; 29 U.S.C. 794; 42 

U.S.C. 2000d-1 et seq. and 6101 et seq.)



    Department means the U.S. Department of Education.

    Department's counsel means counsel for the Department of Education 

or another Federal agency.

    Employee means:

    (1) A person who regularly performs services for an applicant--

    (i) For remuneration; and

    (ii) Under the applicant's direction and control.

    (2) A part-time or seasonal employee who performs services for an 

applicant--

    (i) For renumeration; and

    (ii) Under the applicant's direction and control.



(Authority: 5 U.S.C. 504(c)(1))



    Fees and other expenses means an eligible applicant's reasonable 

fees and expenses--

    (1) Related to the issues on which it was the prevailing party in 

the adversary adjudication; and

    (2) Further described in Sec. Sec.  21.33 and 21.50.



(Authority: 5 U.S.C. 504 (a)(1), (b)(1)(A), and (c)(1))



    Party means a ``person'' or a ``party'' as those terms are defined 

in the Administrative Procedure Act (5 U.S.C. 551(3)), including an 

individual, partnership, corporation, association, unit of local 

government, or public or private organization that meets the 

requirements in Sec.  21.20. The term does not include an agency of the 

Federal Government.



(Authority: 5 U.S.C. 504(b)(1)(B))



    Position of the Department means, in addition to the position taken 

by the Department in the adversary adjudication, the action or failure 

to act by the Department upon which the adversary adjudication is based.



(Authority: 5 U.S.C. 504 (a)(1) and (b)(1)(E))



    Secretary means the Secretary of the U.S. Department of Education or 

an official or employee of the Department acting for the Secretary under 

a delegation of authority.



(Authority: 5 U.S.C. 504 (b)(2) and (c)(1))