---
kind: "section"
citation: "43 C.F.R. § 4.610"
title: "43"
number: "4.610"
heading: "What information must my application for an award contain?"
url: "https://uscodex.org/cfr/43/4.610"
---

# §4.610. What information must my application for an award contain?

- (a) **Your application for an award of fees and expenses under the Act must—**
  - (1) Identify you;
  - (2) Identify the proceeding for which an award is sought;
  - (3) Show that you have prevailed;
  - (4) Specify the position of the Department or other agency that you allege was not substantially justified;
  - (5) Unless you are an individual, state the number of your employees and those of all your affiliates, and describe the type and purpose of your organization or business;
  - (6) State the amount of fees and expenses for which you seek an award;
  - (7) Be signed by you or your authorized officer or attorney;
  - (8) Contain or be accompanied by a written verification under oath or under penalty of perjury that the information in the application is true and correct; and
  - (9) Unless one of the exceptions in [paragraph (b)](#b) of this section applies, include a statement that:
    - (i) Your net worth does not exceed $2 million, if you are an individual; or
    - (ii) Your net worth and that of all your affiliates does not exceed $7 million in the aggregate, if you are not an individual.
- (b) You do not have to submit the statement of net worth required by [paragraph (a)(9)](#a-9) of this section if you do any of the following:
  - (1) Attach a copy of a ruling by the Internal Revenue Service that you qualify as a tax-exempt organization described in [26 U.S.C. 501(c)(3)](/usc/26/501.md?p=c-3);
  - (2) Attach a statement describing the basis for your belief that you qualify under [26 U.S.C. 501(c)(3)](/usc/26/501.md?p=c-3), if you are a tax-exempt organization that is not required to obtain a ruling from the Internal Revenue Service on your exempt status;
  - (3) State that you are a cooperative association as defined in section 15(a) of the Agricultural Marketing Act ([12 U.S.C. 1141j(a)](/usc/12/1141j.md?p=a)); or
  - (4) Seek fees and expenses under [§ 4.605(c)](/cfr/43/4.605.md?p=c) and provide information demonstrating that you qualify as a small entity under [5 U.S.C. 601](/usc/5/601.md).
- (c) You may also include in your application any other matters that you wish the adjudicative officer to consider in determining whether and in what amount an award should be made.

## Notes

### Authority

Authority: 5 U.S.C. 504(c)(1).

### Source

Source: 71 FR 6366, Feb. 8, 2006, unless otherwise noted.

### Authority

Authority: 5 U.S.C. 301, 503-504; 25 U.S.C. 9, 372-74, 410, 2201 et seq.; 43 U.S.C. 1201, 1457; Pub. L. 99-264, 100 Stat. 61, as amended.

### Source

Source: 36 FR 7186, Apr. 15, 1971, unless otherwise noted.