[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: 34CFR21.53]



[Page 47]

 

                           TITLE 34--EDUCATION

 

PART 21_EQUAL ACCESS TO JUSTICE--Table of Contents

 

                  Subpart F_How Are Awards Determined?

 

Sec.  21.53  Final decision of the CRRA.



    (a) In an application subject to the jurisdiction of the CRRA, the 

CRRA shall, within 30 days after receipt of the written appeal--

    (1) Issue a final decision on the appeal of the adjudicative 

officer's initial decision; or

    (2) Remand the application to the adjudicative officer for further 

proceedings.

    (b) The CRRA shall review the initial decision on the basis of the 

written record of the proceedings on the application. This includes but 

is not limited to--

    (1) The written request; and

    (2) The adjudicative officer's findings as described in Sec.  

21.51(b).

    (c) The CRRA shall act on the review by either--

    (1) Issuing a final decision on the application; or

    (2) Remanding the application to the adjudicative officer for 

further proceedings.

    (d) If the CRRA issues a final decision, the CRRA's decision must 

include--

    (1) Written findings, including supporting explanation, on--

    (i) The applicant's status as a prevailing party;

    (ii) The applicant's eligibility;

    (iii) Whether the position of the Department was substantially 

justified;

    (iv) Whether special circumstances make an award unjust;

    (v) Whether the applicant engaged in conduct that unduly or 

unreasonably protracted the adversary adjudication; and

    (vi) Other factual issues raised in the adversary adjudication.

    (2) A statement of the amount awarded, including an explanation--

with supporting information--for any difference between the amount 

requested by the applicant and the amount awarded.

    (3) A statement of the applicant's right to request review by the 

Secretary under Sec.  21.54.

    (4) A statement of the applicant's right under Sec.  21.56 to seek 

judicial review of the final award determination.

    (e) The explanation referred to in paragraph (d)(2) of this section 

may include--

    (1) Whether the amount requested was reasonable; and

    (2) The extent to which the applicant unduly or unreasonably 

protracted the adversary adjudication.



(Authority: 5 U.S.C. 301, 557 (b) and (c); 20 U.S.C. 1681 and 3401 et 

seq.; 29 U.S.C. 794; 42 U.S.C. 2000d-1 et seq. and 6101 et seq.)