[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: 14CFR1262.307]

[Page 370-371]
 
                     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 1262.3_Procedures for Considering Applications
 
Sec.  1262.307  Decision.

    (a) The adjudicative officer shall issue an initial decision on the 
application with 90 calendar days after completion of proceedings on the 
application. The decision shall include written findings and conclusions 
on such of the following as are relevant to the decision:
    (1) The applicant's eligibility and status as a prevailing party;
    (2) Whether the Agency's position was substantially justified;
    (3) Whether the applicant unreasonably protracted the proceedings, 
or whether special circumstances make an award unjust; and

[[Page 371]]

    (4) The amounts, if any, awarded for fees and expenses with an 
explanation of the reasons for any difference between the amount 
requested and the amount awarded. Further, if the applicant has sought 
an award against more than one agency, the decision shall allocate 
responsibility for payment of any award made among the agencies, and 
shall explain the reasons for the allocation made.
    (b) When the Agency appeals the underlying merits of an adversary 
adjudication, no decision on an application for fees and other expenses 
in connection with that adversary adjudication shall be made until a 
final and unreviewable decision is rendered by the court on the appeal 
or until the underlying merits of the case have been finally determined 
pursuant to the appeal.

[51 FR 15311, Apr. 23, 1986, as amended at 60 FR 12669, Mar. 8, 1995]