---
kind: "section"
citation: "17 C.F.R. § 201.44"
title: "17"
number: "201.44"
heading: "When an application may be filed."
url: "https://uscodex.org/cfr/17/201.44"
---

# §201.44. 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 Commission's final disposition of the proceeding.
- (b) For purposes of this rule, final disposition means the date on which a decision or order disposing of the merits of the proceeding or any other complete resolution of the proceeding, such as a settlement or voluntary dismissal, becomes final and unappealable, both within the Commission and to the courts.
- (c) 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.

## Notes

### Amendments

[47 FR 610, Jan. 6, 1982, as amended at 54 FR 53052, 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 53052, Dec. 27, 1989]