[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: 34CFR21.30]



[Page 43]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

               Subpart D_How Does One Apply for an Award?

 

Sec.  21.30  Time for filing application.





    (a) In order to be considered for an award under this part, an 

applicant may file its application when it prevails in an adversary 

adjudication--or in a significant and discrete substantive portion of an 

adversary adjudication--but no later than 30 days after the Department's 

final disposition of the adversary adjudication.

    (b) In the case of a review or reconsideration of a decision in 

which an applicant has prevailed or believes it has prevailed, the 

adjudicative officer shall stay the proceedings on the application 

pending final disposition of the underlying issue.

    (c) For purposes of this part, final disposition of the adversary 

adjudication means the latest of--

    (1) The date on which an initial decision or other recommended 

disposition of the merits of the proceeding by an adjudicative officer 

becomes administratively final;

    (2) The date of an order disposing of any petitions for 

reconsideration of the final order in the adversary adjudication;

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

which that type of petition could have been filed; or

    (4) The date of a final order or any other final resolution of a 

proceeding--such as a settlement or voluntary dismissal--that is not 

subject to a petition for reconsideration.



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