[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: 14CFR1262.309]

[Page 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.  1262.309  Judicial review.

    Judicial review of final Agency decisions on awards may be sought 
under 5 U.S.C. 504(c)(2), which provides: If a party other than the 
United States is dissatisfied with a determination of fees and other 
expenses made under [this part], that party may, within 30 days after 
the [final administrative] determination is made, appeal the 
determination to the court of the United States having jurisdiction to 
review the merits of the underlying decision of the agency adversary 
adjudication. The court's determination of any appeal heard under this 
[authority] shall be based solely on the factual record made before the 
agency. The court may modify the determination of fees and other 
expenses only if the court finds that the failure to make an award of 
fees and other expenses, or the calculation of the amount of the award, 
was unsupported by the substantial evidence.

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