---
kind: "section"
citation: "12 C.F.R. § 19.207"
title: "12"
number: "19.207"
heading: "Application requirements."
url: "https://uscodex.org/cfr/12/19.207"
---

# §19.207. Application requirements.

- (a) **Timing of application.** A party seeking an award under this subpart must file an application with the OCC within 30 days after the OCC's final disposition of the adversary adjudication.
- (b) **Contents of application.** An application for an award of fees and expenses under this section must:
  - (1) Identify the applicant and the proceeding for which an award is sought;
  - (2) Show that the applicant has prevailed and identify the position of the OCC that the applicant alleges was not substantially justified;
  - (3) State the basis for the applicant's belief that the OCC position was not substantially justified;
  - (4) Unless the applicant is an individual, state the number of employees of the applicant and describe briefly the type and purpose of its organization or business;
  - (5) Show that the applicant meets the definition of “party” in [§ 19.206(c)](/cfr/12/19.206.md?p=c), including documentation of its net worth pursuant to [§ 19.208](/cfr/12/19.208.md), if applicable;
  - (6) State the amount of fees and expenses for which an award is sought, as documented pursuant to [§ 19.209](/cfr/12/19.209.md);
  - (7) Be signed by the applicant if the applicant is an individual or by an authorized officer or attorney of the applicant;
  - (8) Any other matter the applicant wishes the OCC to consider in determining whether and in what amount an award should be made; and
  - (9) Contain or be accompanied by a written verification under penalty of perjury that the information provided in the application is true and correct.
- (c) **Referral of application.** Upon receipt of an EAJA application, the OCC will, if feasible, refer the matter to the official who heard the underlying adversary adjudication.

## Notes

### Authority

Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93, 93a, 161, 164, 481, 504, 1462a, 1463(a), 1464; 1467(d), 1467a(r), 1817(j), 1818, 1820, 1831m, 1831o, 1832, 1884, 1972, 3102, 3108, 3110, 3349, 3909, 4717, and 5412(b)(2)(B); 15 U.S.C. 78 l, 78o-4, 78o-5, 78q-1, 78s, 78u, 78u-2, 78u-3, 78w, and 1639e; 28 U.S.C. 2461; 31 U.S.C. 330 and 5321; and 42 U.S.C. 4012a.

### Source

Source: 88 FR 89842, Dec. 28, 2023, unless otherwise noted.