[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: 45CFR13.3]



[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.  13.3  Proceedings covered.



    (a) These rules apply only to adversary adjudications. For the 

purpose of these rules, only an adjudication required to be under 5 

U.S.C. 554, in which the position of the Department or one of its 

components is represented by an attorney or other representative (``the 

agency's litigating party'') who enters an appearance and participates 

in the proceeding, constitutes an adversary adjudication. These rules do 

not apply to proceedings for the purpose of establishing or fixing a 

rate or for the purpose of granting, denying, or renewing a license.

    (b) If the agency's litigating party enters an appearance, 

Department proceedings listed in Appendix A to this part are covered by 

these rules. Also covered are any other proceedings under statutes that 

incorporate by reference the procedures of sections 1128(f), 

1128A(c)(2), or 1842(j)(2) of the Social Security Act, 42 U.S.C. 1320a-

7(f), 1320a-7a(c)(2), or 1395u(j)(2). If a proceeding is not covered 

under either of the two previous sentences, a party may file a fee 

application as otherwise required by this part and may argue that the 

Act covers the proceeding. Any coverage issue shall be determined by the 

adjudicative officer and, if necessary, by the appellate authority on 

review.

    (c) If a proceeding is covered by these rules, but also involves 

issues excluded under paragraph (a) of this section from the coverage of 

these rules, reimbursement is available only for fees and expenses 

resulting from covered issues.



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