[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: 45CFR13.27]



[Page 71-72]

 

                        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.  13.27  Agency review.



    (a) The appellate authority for any proceedings shall be the 

official or component that would have jurisdiction over an appeal of the 

merits.

    (b) If either the applicant or the agency's litigating party seeks 

review of the adjudicative officer's decision on the fee application, it 

shall file and serve exceptions within 30 days after issuance of the 

initial decision. Within another 30 days after receipt of such 

exceptions, the opposing party, if it has not done so previously, may 

file its



[[Page 72]]



own exceptions to the adjudicative officer's decision. The appellate 

authority shall issue a final decision on the application as soon as 

possible or remand the application to the adjudicative officer for 

further proceedings. Any party that does not file and serve exceptions 

within the stated time limit loses the opportunity to do so.



[69 FR 2847, Jan. 21, 2004]