---
kind: "section"
citation: "14 C.F.R. § 1262.204"
title: "14"
number: "1262.204"
heading: "When an application may be filed."
url: "https://uscodex.org/cfr/14/1262.204"
---

# §1262.204. When an application may be filed.

- (a) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than 30 days after the Agency's final disposition of the proceeding.
- (b) If review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy.
- (c) For purposes of this rule, final disposition means the latter of:
  - (1) The date on which the last “initial decision”, in a bifurcated proceeding, or other recommended disposition of the merits (both as to liability and amount, if applicable) of the proceeding, by an adjudicative officer or intermediate reviewer, becomes administratively final;
  - (2) The date on which an order is issued disposing of any petitions for reconsideration;
  - (3) If no petition for reconsideration is filed, the last date on which such a petition could have been filed; or
  - (4) The date of a final order or any other final resolution of the proceeding, such as a settlement or a voluntary dismissal, which is not subject to a petition for reconsideration.

## Notes

### Authority

Authority: 5 U.S.C. 504; 51 U.S.C. 20113(a).

### Source

Source: 51 FR 15311, Apr. 23, 1986, unless otherwise noted.