---
kind: "section"
citation: "49 C.F.R. § 1016.301"
title: "49"
number: "1016.301"
heading: "When an application may be filed."
url: "https://uscodex.org/cfr/49/1016.301"
---

# §1016.301. When an application may be filed.

- (a) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than 30 days after an administratively final disposition of the proceeding.
- (b) If review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy.
- (c) For purposes of this rule, see the Board's rules governing appellate procedures at §§ [1115.2](/cfr/49/1115.2.md) and [1115.3](/cfr/49/1115.3.md) to determine when a decision becomes administratively final.

## Notes

### Amendments

[46 FR 61660, Dec. 18, 1981, as amended at 54 FR 26380, June 23, 1989]

### 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.

### Amendments

[46 FR 61660, Dec. 18, 1981, as amended at 54 FR 26380, June 23, 1989]