---
kind: "section"
citation: "17 C.F.R. § 148.14"
title: "17"
number: "148.14"
heading: "When an application may be filed."
url: "https://uscodex.org/cfr/17/148.14"
---

# §148.14. When an application may be filed.

- (a) An application may be filed whenever the applicant has prevailed in the adjudicatory proceeding or in a significant and discrete substantive portion of the proceeding, subject to the separate hearing procedure pursuant to [§ 10.63(b)](/cfr/17/10.63.md?p=b) of this chapter, but in no case later than 30 days after the Commission's final disposition of the adjudicatory 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 later of
  - (1) The date on which an initial decision by the Presiding Officer becomes final pursuant to [§ 10.84](/cfr/17/10.84.md) of this chapter;
  - (2) Issuance of an order disposing of any petitions for reconsideration of the Commission's final order in the proceeding pursuant to [§ 10.106](/cfr/17/10.106.md) of the Rules of Practice;
  - (3) If no petition for reconsideration is filed, the last date on which such a petition could have been filed pursuant to [§ 10.106](/cfr/17/10.106.md) of the Rules of Practice; or
  - (4) Issuance of a final Commission order or any other final resolution of a proceeding, such as a settlement or voluntary dismissal, which is not subject to a petition for reconsideration.

## Notes

### Authority

Authority: Equal Access to Justice Act, 5 U.S.C. 504(c)(1) and secs. 2(a)(11) and 8a(5) of the Commodity Exchange Act, 7 U.S.C. 4a(j) and 12a(5), unless otherwise noted.

### Source

Source: 46 FR 57671, Nov. 25, 1981, unless otherwise noted.