[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: 45CFR13.4]



[Page 65-66]

 

                        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.  13.4  Eligibility of applicants.



    (a) To be eligible for an award of attorney fees and other expenses 

under these regulations, the applicant must be a party, as defined in 5 

U.S.C. 551(3), to the adversary adjudication for which it seeks an 

award. An applicant must show that it meets all conditions of 

eligibility set out in this subpart and in Subpart B.

    (b) The categories of eligible applicants are as follows:



[[Page 66]]



    (1) Charitable or other tax-exempt organizations described in 

section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) 

with not more than 500 employees;

    (2) Cooperative associations as defined in section 15(a) of the 

Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 

employees;

    (3) Individuals with a net worth of not more than $2 million;

    (4) Sole owners of unincorporated businesses if the owner has a net 

worth of not more than $7 million, including both personal and business 

interests, and if the business has not more than 500 employees;

    (5) All other partnerships, corporations, associations, local 

governmental units, and public and private organizations with a net 

worth of not more than $7 million and with not more than 500 employees; 

and

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

this part, small entities as defined in 5 U.S.C. 601.

    (c) For the purpose of determining eligibility, the net worth and 

number of employees of an applicant is calculated as of the date the 

proceeding was initiated. The net worth of an applicant is determined by 

generally accepted accounting principles.

    (d) Whether an applicant who owns an unincorporated business will be 

considered as an ``individual'' or a ``sole owner of an unincorporated 

business'' will be determined by whether the applicant's participation 

in the proceeding is related primarily to individual interests or to 

business interests.

    (e) The employees of an applicant include all those persons 

regularly providing services for remuneration for the applicant, under 

the applicant's direction and control. Part-time employees shall be 

included on a proportional basis.

    (f) The net worth and number of employees of the applicant and all 

of its affiliates shall be aggregated to determine eligibility. Any 

individual, corporation or other entity that directly or indirectly 

controls or owns a majority of the voting shares or other interest of 

the applicant, or any corporation or other entity of which the applicant 

directly or indirectly owns or controls a majority of the voting shares 

or other interest, will be considered an affiliate for purposes of this 

part, unless the adjudicative officer determines that such treatment 

would be unjust and contrary to the purposes of the Act in light of the 

actual relationship between the affiliated entities. In addition, the 

adjudicative officer may determine that financial relationships of the 

applicant other than those described in this paragraph constitute 

special circumstances that would make an award unjust.

    (g) An applicant is not eligible if it appears from the facts and 

circumstances that it has participated in the proceedings only or 

primarily on behalf of other persons or entities that are ineligible.



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