---
kind: "section"
citation: "34 C.F.R. § 21.51"
title: "34"
number: "21.51"
heading: "Initial decision in applications not subject to the CRRA."
url: "https://uscodex.org/cfr/34/21.51"
---

# §21.51. Initial decision in applications not subject to the CRRA.

- (a) In applications not subject to the jurisdiction of the CRRA, the adjudicative officer shall issue an initial decision on an application within 30 days after completion of proceedings on the application.
- (b) The initial decision must include the following:
  - (1) **Written findings, including sufficient supporting explanation, on—**
    - (i) The applicant's status as a prevailing party;
    - (ii) The applicant's eligibility;
    - (iii) Whether the position of the Department was substantially justified;
    - (iv) Whether special circumstances make an award unjust;
    - (v) If applicable, whether the applicant engaged in conduct that unduly or unreasonably protracted the adversary adjudication; and
    - (vi) **Other factual issues raised in the adversary adjudication.**
  - (2) **A statement of the amount awarded, including an explanation—** with supporting information—for any difference between the amount requested by the applicant and the amount awarded.
  - (3) A statement of the applicant's right to request review by the Secretary under [§ 21.54](/cfr/34/21.54.md).
  - (4) A statement of the applicant's right under [§ 21.56](/cfr/34/21.56.md) to seek judicial review of the final award determination.
- (c) The explanation referred to in [paragraph (b)(2)](#b-2) of this section may include—
  - (1) Whether the amount requested was reasonable; and
  - (2) **The extent to which the applicant unduly or unreasonably protracted the adversary adjudication.**

## Notes

### Authority

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

### Source

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