---
kind: "section"
citation: "49 C.F.R. § 1016.109"
title: "49"
number: "1016.109"
heading: "Awards against other agencies."
url: "https://uscodex.org/cfr/49/1016.109"
---

# §1016.109. Awards against other agencies.


If an applicant is entitled to an award because it prevails over another agency of the United States that participates in a proceeding before this agency and takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency.


## Notes

### Authority

Authority: 5 U.S.C. 504(c)(1), 49 U.S.C. 1321.

### Source

Source: 46 FR 61660, Dec. 18, 1981, unless otherwise noted.