[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: 34CFR21.31]



[Page 43]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

               Subpart D_How Does One Apply for an Award?

 

Sec.  21.31  Contents of application.



    (a) In its application for an award of fees and other expenses, an 

applicant shall include the following:

    (1) Information adequate to show that the applicant is a prevailing 

party in an adversary adjudication or in a significant and discrete 

substantive portion of an adversary adjudication.

    (2) A statement that the adversary adjudication is covered by the 

Act according to Sec.  21.10.

    (3) An allegation that the position of the Department was not 

substantially justified, including a description of the specific 

position.

    (4) Unless the applicant is a qualified tax-exempt organization or a 

qualified agricultural cooperative association, information adequate to 

show that the applicant qualifies under the requirements of Sec. Sec.  

21.20 and 21.21 regarding net worth. The information, if applicable, 

shall include a detailed exhibit of the net worth of the applicant--and 

its affiliates as described in Sec.  21.21--as of the date the 

proceeding was initiated.

    (5)(i) The total amount of fees and expenses sought in the award; 

and

    (ii) An itemized statement of--

    (A) Each expense; and

    (B) Each fee, including the actual time expended for this fee and 

the rate at which the fee was computed.

    (6) A written verification under oath or affirmation or under 

penalty of perjury from each attorney representing the applicant 

stating--

    (i) The rate at which the fee submitted by the attorney was 

computed; and

    (ii) The actual time expended for the fee.

    (7) A written verification under oath, affirmation, or under penalty 

of perjury that the information contained in the application and any 

accompanying material is true and complete to the best of the 

applicant's information and belief.

    (b) The adjudicative officer may require the applicant to submit 

additional information.



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