[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: 45CFR13.26]



[Page 71]

 

                        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.  13.26  Decisions.



    The adjudicative officer shall issue an initial decision on the 

application as promptly as possible after the filing of the last 

document or conclusion of the hearing. The decision must include written 

findings and conclusions on the applicant's eligibility and status as a 

prevailing party, including a finding on the net worth of the applicant. 

Where the adjudicative officer has determined under Sec.  13.11(b) that 

the applicant's net worth information is exempted from disclosure under 

the Freedom of Information Act, the finding on net worth shall be kept 

confidential. The decision shall also include, if at issue, findings on 

whether the agency's position was substantially justified, whether the 

applicant unduly protracted the proceedings, an explanation of any 

difference between the amount requested and the amount awarded, and 

whether any special circumstances make the award unjust.