[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: 14CFR1262.204]

[Page 369]
 
                     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 1262.2_Information Required From Applicants
 
Sec.  1262.204  When an application may be filed.

    (a) An application may be filed whenever the applicant has prevailed 
in the proceeding or in a significant and discrete substantive portion 
of the proceeding, but in no case later than 30 days after the Agency's 
final disposition of the proceeding.
    (b) If review or reconsideration is sought or taken of a decision as 
to which an applicant believes it has prevailed, proceedings for the 
award of fees shall be stayed pending final disposition of the 
underlying controversy.
    (c) For purposes of this rule, final disposition means the latter 
of:
    (1) The date on which the last ``initial decision'', in a bifurcated 
proceeding, or other recommended disposition of the merits (both as to 
liability and amount, if applicable) of the proceeding, by an 
adjudicative officer or intermediate reviewer, becomes administratively 
final;
    (2) The date on which an order is issued disposing of any petitions 
for reconsideration;
    (3) If no petition for reconsideration is filed, the last date on 
which such a petition could have been filed; or
    (4) The date of a final order or any other final resolution of the 
proceeding, such as a settlement or a voluntary dismissal, which is not 
subject to a petition for reconsideration.