---
kind: "section"
citation: "40 C.F.R. § 17.26"
title: "40"
number: "17.26"
heading: "Decision on application."
url: "https://uscodex.org/cfr/40/17.26"
---

# §17.26. Decision on application.


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:

- (a) The applicant's status as a prevailing party;
- (b) The applicant's qualification as a “party” under [5 U.S.C. 504(b)(1)(B)](/usc/5/504.md?p=b-1-B);
- (c) Whether EPA's position as a party to the proceeding was substantially justified;
- (d) Whether the special circumstances make an award unjust;
- (e) 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
- (f) The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.

## Notes

### 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.