§102.144. Standards for awards.
29 C.F.R. § 102.144
An eligible applicant may receive an award for fees and expenses incurred in connection with an adversary adjudication or in connection with a significant and discrete substantive portion of that proceeding, unless the position of the General Counsel over which the applicant has prevailed was substantially justified. The burden of proof that an award should not be made to an eligible applicant is on the General Counsel, who may avoid an award by showing that the General Counsel's position in the proceeding was substantially justified.
An award will be reduced or denied if the applicant has unduly or unreasonably protracted the adversary adjudication or if special circumstances make the award sought unjust.
Notes, amendments, and revision history
Amendments
[46 FR 48087, Sept. 30, 1981, as amended at 51 FR 17733, May 15, 1986]
Authority
Authority: Equal Access to Justice Act, Pub. L. 96-481, 94 Stat. 2325.
Source
Source: 46 FR 48087, Sept. 30, 1981, unless otherwise noted.
Authority
Authority: 29 U.S.C. 151, 156. Section 102.117 also issued under 5 U.S.C. 552(a)(4)(A), and § 102.119 also issued under 5 U.S.C. 552a(j) and (k). Sections 102.143 through 102.155 also issued under 5 U.S.C. 504(c)(1).
Source
Source: 24 FR 9102, Nov. 7, 1959, unless otherwise noted.
Amendments
[46 FR 48087, Sept. 30, 1981, as amended at 51 FR 17733, May 15, 1986]