§17.26. Decision on application.
40 C.F.R. § 17.26
The Presiding Officer shall issue a recommended decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision:
The applicant's status as a prevailing party;
The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B);
Whether EPA's position as a party to the proceeding was substantially justified;
Whether the special circumstances make an award unjust;
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
The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.
Notes, amendments, and revision history
Authority
Authority: Section 504, Title 5 U.S.C., as amended by sec. 203(a)(1), Equal Access to Justice Act (Title 2 of Pub. L. 96-481, 94 Stat. 2323).
Source
Source: 48 FR 39936, Sept. 2, 1983, unless otherwise noted.