---
kind: "section"
citation: "28 C.F.R. § 24.306"
title: "28"
number: "24.306"
heading: "Decision on application."
url: "https://uscodex.org/cfr/28/24.306"
---

# §24.306. Decision on application.


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:

- (a) The applicant's status as a prevailing party;
- (b) The applicant's qualification as a “party” under [5 U.S.C. 504(b)(1)(B)](/usc/5/504.md?p=b-1-B);
- (c) Whether the Department's position as a party to the proceeding was substantially justified;
- (d) Whether special circumstances make an award unjust;
- (e) 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
- (f) The amounts, if any, awarded for fees and other expenses, with reasons for any difference between the amount requested and the amount awarded.

## 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.