[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: 45CFR13.10]



[Page 68-69]

 

                        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 B_Information Required from Applicants

 

Sec.  13.10  Contents of application.





    (a) Applications for an award of fees and expenses must include:

    (1) The name of the applicant and the identification of the 

proceeding;

    (2) Where an award is sought on the basis stated in Sec.  13.5(b) of 

this part, a declaration that the applicant believes it has prevailed, 

and an identification of the position of the Department that the 

applicant alleges was not substantially justified. Where an award is 

sought on the basis stated in Sec.  13.5(c) of this part, an 

identification of the statutory or regulatory requirement that the 

applicant alleges the Department was seeking to enforce, and an 

identification of the Department's demand and of the document or 

documents containing that demand;

    (3) Unless the applicant is an individual, a statement of the number 

of its employees on the date on which the proceeding was initiated, and 

a brief description of the type and purpose of its organization or 

business. However, where an award is sought solely on the basis stated 

in Sec.  13.5(c) of this part, the applicant need not state the number 

of its employees;

    (4) A description of any affiliated individuals or entities, as the 

term ``affiliate'' is defined in Sec.  13.4(f), or a statement that none 

exist;

    (5) A statement that the applicant's net worth as of the date on 

which the proceeding was initiated did not exceed the appropriate limits 

as stated in Sec.  13.4(b) of this part. However, an applicant may omit 

this statement if:

    (i) It attaches a copy of a ruling by the Internal Revenue Service 

that it qualifies as an organization described in section 501(c)(3) of 

the Internal Revenue Code (26 U.S.C. 501(c)(3)) or, in the case of a 

tax-exempt organization not required to obtain a ruling from the 

Internal Revenue Service on its exempt status, a statement that 

describes the basis for the applicant's belief that it qualified under 

such section;

    (ii) It states that it is a cooperative association as defined in 

section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)); or

    (iii) It states that it is applying for an award solely on the basis 

stated in Sec.  13.5(c) of this part, and that it is a small entity as 

defined in 5 U.S.C. 601, and it describes the basis for its belief that 

it qualifies as a small entity under that section.

    (6) A statement of the amount of fees and expenses for which an 

award is sought;

    (7) A declaration that the applicant has not received, has not 

applied for, and does not intend to apply for reimbursement of the cost 

of items listed in the Statement of Fees and Expenses under any other 

program or statute; or if the applicant has received or applied for or 

will receive or apply for reimbursement of those expenses under another 

program or statute, a statement of the amount of reimbursement received 

or applied for or intended to be applied for; and

    (8) Any other matters the applicant wishes the Department to 

consider in determining whether and in what amount an award should be 

made.

    (b) All applications must be signed by the applicant or by an 

authorized officer or attorney of the applicant. It



[[Page 69]]



shall also contain or be accompanied by a written verification under 

oath or under penalty of perjury that the information provided in the 

application is true and correct.



(Approved by the Office of Management and Budget under control number 

0990-0118)



[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2846, Jan. 21, 2004]