§24.306. Decision on application.
28 C.F.R. § 24.306
The adjudicative officer shall promptly issue a decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision:
The applicant's status as a prevailing party;
The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B);
Whether the Department's position as a party to the proceeding was substantially justified;
Whether special circumstances make an award unjust;
Whether the applicant during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and
The amounts, if any, awarded for fees and other expenses, with reasons for any difference between the amount requested and the amount awarded.
Notes, amendments, and revision history
Authority
Authority: 5 U.S.C. 504(c)(1).
Source
Source: Order No. 975-82, 47 FR 15776, Apr. 13, 1982, unless otherwise noted.