- Part Number:2204
- Part Number Title:Implementation of the Equal Access to Justice Act
- Subpart:2204 Subpart A
- Subpart Title:General Provisions
- Standard Number:
- Title:Eligibility of applicants.
- GPO Source:
To be eligible for an award of attorney or agent fees and other expenses under the EAJA, the applicant must be a party to the adversary adjudication. The term "party" is defined in 5 U.S.C. 551(3). The applicant must show that it satisfies the conditions of eligibility set out in this subpart and subpart B.
An applicant who owns an unincorporated business shall be considered as an "individual" rather than a "sole owner of an-unincorporated business" only if the issues on which the applicant prevails are related primarily to personal interests rather than business interests.
[46 FR 48080, Sept. 30, 1981, as amended at 52 FR 5456, Feb. 23, 1987; 62 FR 59568, Nov. 4, 1997]