[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1262.105]

[Page 367]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          SPACE ADMINISTRATION
 
PART 1262_EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS--Table of Contents
 
                    Subpart 1262.1_General Provisions
 
Sec.  1262.105  Standards for awards.

    (a) A prevailing applicant may receive an award subject to paragraph 
(b) of this section, for fees and expenses incurred in connection with a 
proceeding, or in a significant and discrete substantive portion of the 
proceeding, unless the position of the agency over which the applicant 
has prevailed was substantially justified. No presumption arises that 
the agency's position was not substantially justified simply because the 
agency did not prevail. The burden of proof that an award should not be 
made to an eligible prevailing applicant is on the agency.
    (b) An award, for any portion of the adversary adjudication, will be 
denied if the applicant has unreasonably protracted the proceedings, or 
denied or reduced if special circumstances make the award sought unjust.