[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

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

[CITE: 45CFR13.1]



[Page 65]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 13_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY 

PROCEEDINGS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec.  13.1  Purpose of these rules.





    These rules implement section 203 of the Equal Access to Justice 

Act, 5 U.S.C. 504 and 504 note, for the Department of Health and Human 

Services. They describe the circumstances under which the Department may 

award attorney fees and certain other expenses to eligible individuals 

and entities who prevail over the Department in certain administrative 

proceedings (called ``adversary adjudications''). The Department may 

reimburse parties for expenses incurred in adversary adjudications if 

the party prevails in the proceeding and if the Department's position in 

the proceeding was not substantially justified or if the action is one 

to enforce compliance with a statutory or regulatory requirement and the 

Department's demand is substantially in excess of the ultimate decision 

and is unreasonable when compared with that decision. They also describe 

what proceedings constitute adversary adjudications covered by the Act, 

what types of persons and entities may be eligible for an award, and 

what procedures and standards the Department will use to make a 

determination as to whether a party may receive an award.



[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2845, Jan. 21, 2004]