---
kind: "section"
citation: "43 C.F.R. § 4.613"
title: "43"
number: "4.613"
heading: "When may I file an application for an award?"
url: "https://uscodex.org/cfr/43/4.613"
---

# §4.613. When may I file an application for an award?

- (a) You may file an application whenever you have prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding. You must file the application no later than 30 days after the final disposition of the proceeding.
- (b) Consideration of an application for an award must be stayed if:
  - (1) Any party seeks review or reconsideration of a decision in a proceeding in which you believe you have prevailed; or
  - (2) The Department or other agency (or the United States on its behalf) appeals an adversary adjudication to a court.
- (c) A stay under [paragraph (b)(1)](#b-1) of this section will continue until there has been a final disposition of the review or reconsideration of the decision. A stay under [paragraph (b)(2)](#b-2) of this section will continue until either:
  - (1) A final and unreviewable decision is rendered by the court on the appeal; or
  - (2) **The underlying merits of the case have been finally determined.**

## 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.