---
kind: "section"
citation: "34 C.F.R. § 21.30"
title: "34"
number: "21.30"
heading: "Time for filing application."
url: "https://uscodex.org/cfr/34/21.30"
---

# §21.30. Time for filing application.

- (a) In order to be considered for an award under this part, an applicant may file its application when it prevails in an adversary adjudication—or in a significant and discrete substantive portion of an adversary adjudication—but no later than 30 days after the Department's final disposition of the adversary adjudication.
- (b) In the case of a review or reconsideration of a decision in which an applicant has prevailed or believes it has prevailed, the adjudicative officer shall stay the proceedings on the application pending final disposition of the underlying issue.
- (c) For purposes of this part, final disposition of the adversary adjudication means the latest of—
  - (1) The date on which an initial decision or other recommended disposition of the merits of the proceeding by an adjudicative officer becomes administratively final;
  - (2) The date of an order disposing of any petitions for reconsideration of the final order in the adversary adjudication;
  - (3) If no petition for reconsideration is filed, the last date on which that type of petition could have been filed; or
  - (4) **The date of a final order or any other final resolution of a proceeding—** such as a settlement or voluntary dismissal—that is not subject to a petition for reconsideration.

## Notes

### Authority

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

### Source

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