§12.103. Proceedings covered.
10 C.F.R. § 12.103
The EAJA applies to the following proceedings:
Hearings under the Administrative False Claims Act (31 U.S.C. 3801-12);
Any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607); and
Adversary adjudications conducted by the Commission pursuant to any other statutory provision that requires a proceeding before the Nuclear Regulatory Commission to be so conducted as to fall within the meaning of “adversary adjudication” under 5 U.S.C. 504(b)(1)(C).
The Commission's failure to identify a type of proceeding as an adversary adjudication shall not preclude the filing of an application by a party who believes the proceeding is covered by the EAJA. Whether the proceeding is covered will then be an issue for resolution in proceedings on the application.
If a proceeding includes both matters covered by the EAJA and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues.
Notes, amendments, and revision history
Amendments
[59 FR 23121, May 5, 1994, as amended at 90 FR 33266, July 17, 2025]
Authority
Authority: 5 U.S.C. 504(c)(1).
Source
Source: 59 FR 23121, May 5, 1994, unless otherwise noted.
Amendments
[59 FR 23121, May 5, 1994, as amended at 90 FR 33266, July 17, 2025]