---
kind: "section"
citation: "28 C.F.R. § 24.105"
title: "28"
number: "24.105"
heading: "Eligibility of applicants."
url: "https://uscodex.org/cfr/28/24.105"
---

# §24.105. Eligibility of applicants.

- (a) To be eligible for an award of attorney fees and other expenses under the Act, the applicant must be a prevailing party in the adversary adjudication for which it seeks an award. The term “party” is defined in [5 U.S.C. 551(3)](/usc/5/551.md?p=3). The applicant must show that it meets all conditions of eligibility set out in this subpart and in subpart B.
- (b) **The types of eligible applicants are as follows—**
  - (1) An individual with a net worth of not more than $1 million;
  - (2) The sole owner of an unincorporated business who has a net worth of not more than $5 million and not more than 500 employees;
  - (3) A charitable or other tax-exempt organization described in section 501(c)(3) of the Internal Revenue Code ([26 U.S.C. 501(c)(3)](/usc/26/501.md?p=c-3)) with not more than 500 employees;
  - (4) A cooperative association as defined in section 15(a) of the Agricultural Marketing Act ([12 U.S.C. 1141j(a)](/usc/12/1141j.md?p=a)) with not more than 500 employees; and
  - (5) Any other partnership, corporation, association, or public or private organization with a net worth of not more than $5 million and not more than 500 employees.
- (c) For the purpose of eligibility, the net worth and number of employees of an applicant shall be determined as of the date the adversary adjudication was initiated.

## Notes

### Authority

Authority: 5 U.S.C. 504(c)(1).

### Source

Source: Order No. 975-82, 47 FR 15776, Apr. 13, 1982, unless otherwise noted.