[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: 45CFR13.22]



[Page 70]

 

                        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 C_Procedures for Considering Applications

 

Sec.  13.22  When an application may be filed.



    (a) The applicant must file and serve its application no later than 

30 calendar days after the Department's final disposition of the 

proceeding which makes the applicant a prevailing party.

    (b) For purposes of this rule, final disposition means the date on 

which a decision or order disposing of the merits of the proceeding or 

any other complete resolution of the proceeding, such as a settlement or 

voluntary dismissal, becomes final and unappealable, both within the 

agency and to the courts.

    (c) For purposes of this rule, an applicant has prevailed when the 

agency has made a final disposition favorable to the applicant with 

respect to any matter which could have been heard as a separate 

proceeding, regardless of whether it was joined with other matters for 

hearing.

    (d) If review or reconsideration is sought or taken, whether within 

the agency or to the courts, of a decision as to which an applicant 

believes it has prevailed, proceedings on the application shall be 

stayed pending final disposition of the underlying controversy.



[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]