---
kind: "section"
citation: "45 C.F.R. § 13.22"
title: "45"
number: "13.22"
heading: "When an application may be filed."
url: "https://uscodex.org/cfr/45/13.22"
---

# §13.22. When an application may be filed.

- (a) The applicant must file and serve its application no later than 30 calendar days after the Department's final disposition of the proceeding which makes the applicant a prevailing party.
- (b) For purposes of this rule, final disposition means the date on which a decision or order disposing of the merits of the proceeding or any other complete resolution of the proceeding, such as a settlement or voluntary dismissal, becomes final and unappealable, both within the agency and to the courts.
- (c) For purposes of this rule, an applicant has prevailed when the agency has made a final disposition favorable to the applicant with respect to any matter which could have been heard as a separate proceeding, regardless of whether it was joined with other matters for hearing.
- (d) If review or reconsideration is sought or taken, whether within the agency or to the courts, of a decision as to which an applicant believes it has prevailed, proceedings on the application shall be stayed pending final disposition of the underlying controversy.

## Notes

### Amendments

[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]

### Authority

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

### Source

Source: 48 FR 45252, Oct. 4, 1983, unless otherwise noted.

### Amendments

[48 FR 45252, Oct. 4, 1983, as amended at 69 FR 2847, Jan. 21, 2004]