---
kind: "section"
citation: "34 C.F.R. § 21.1"
title: "34"
number: "21.1"
heading: "Equal Access to Justice Act."
url: "https://uscodex.org/cfr/34/21.1"
---

# §21.1. Equal Access to Justice Act.

- (a) The Equal Access to Justice Act (the Act) provides for the award of fees and other expenses to applicants that—
  - (1) Are prevailing parties in adversary adjudications before the Department of Education; and
  - (2) **Meet all other conditions of eligibility contained in this part.**
- (b) An eligible applicant, as described in [paragraph (a)](#a) of this section, is entitled to receive an award unless—
  - (1) The adjudicative officer, the Civil Rights Reviewing Authority (CRRA), or the Secretary on review, determines that—
    - (i) The Department's position was substantially justified; or
    - (ii) Special circumstances make an award unjust; or
  - (2) The adversary adjudication is under judicial review, in which case the applicant may receive an award only as described in [§ 21.11](/cfr/34/21.11.md).
- (c) The determination under [paragraph (b)(1)(i)](#b-1-i) of this section is based on the administrative record, as a whole, made during the adversary adjudication for which fees and other expenses are sought.

## Notes

### Authority

Authority: 5 U.S.C. 504, unless otherwise noted.

### Source

Source: 58 FR 47192, Sept. 7, 1993, unless otherwise noted.