---
kind: "section"
citation: "17 C.F.R. § 201.33"
title: "17"
number: "201.33"
heading: "Proceedings covered."
url: "https://uscodex.org/cfr/17/201.33"
---

# §201.33. Proceedings covered.

- (a) The Act applies to adversary adjudications conducted by the Commission. These are on the record adjudications under [5 U.S.C. 554](/usc/5/554.md) in which the position of an Office or Division of the Commission as a party, not including amicus participation, is presented by an attorney or other representative who enters an appearance and participates in the proceeding. See appendix, [17 CFR 201.60](/cfr/17/201.60.md).
- (b) The fact that the Commission has not identified 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 Act; 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 Act and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues.

## Notes

### Amendments

[47 FR 610, Jan. 6, 1982, as amended at 54 FR 53051, Dec. 27, 1989]

### Authority

Authority: 15 U.S.C. 77s, 77sss, 78w, 78x, 80a-37, and 80b-11; 5 U.S.C. 504(c)(1). Sections 201.700 and 201.701 are also issued under sec. 916, Pub. L. 111-203, 124 Stat. 1376.

### Source

Source: 47 FR 610, Jan. 6, 1982, unless otherwise noted.

### Amendments

[47 FR 610, Jan. 6, 1982, as amended at 54 FR 53051, Dec. 27, 1989]