---
kind: "section"
citation: "10 C.F.R. § 12.103"
title: "10"
number: "12.103"
heading: "Proceedings covered."
url: "https://uscodex.org/cfr/10/12.103"
---

# §12.103. Proceedings covered.

- (a) The EAJA applies to the following proceedings:
  - (1) Hearings under the Administrative False Claims Act ([31 U.S.C. 3801-12](/usc/31/3801-12.md));
  - (2) Any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 ([41 U.S.C. 605](/usc/41/605.md)) before an agency board of contract appeals as provided in [section 8](/cfr/10/8.md) of that Act ([41 U.S.C. 607](/usc/41/607.md)); and
  - (3) 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)](/usc/5/504.md?p=b-1-C).
- (b) 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.
- (c) 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

[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]