• Part Number:
  • Part Number Title:
    Implementation of the Equal Access to Justice Act in Proceedings Before the Occupational Safety and Health Review Commission
  • Subpart:
    2204 Subpart C
  • Subpart Title:
    EAJA Application
  • Standard Number:
  • Title:
    When an application may be filed.
  • GPO Source:

Each applicant except a qualified tax-exempt organization, cooperative association, or, in the case of an application for an award related to an allegedly excessive demand by the Secretary, a small entity as that term is defined by 5 U.S.C. 601(6), shall provide with its application a detailed exhibit showing the net worth of the applicant as required by § 2204.301(c) when the proceeding was initiated. The exhibit may be in any form convenient to the applicant that provides full disclosure of the applicant’s assets and liabilities and is sufficient to determine whether the applicant qualifies as a party as defined in § 2204.201. The judge or Commission may require an applicant to file additional information to determine its eligibility for an award.


Ordinarily, the net worth exhibit will be included in the public record of the proceeding. However, an applicant that objects to public disclosure of information in any portion of the exhibit and believes there are legal grounds for withholding it from disclosure may request that the documents be filed under seal or otherwise be treated as confidential, pursuant to §§2200.8 and 2200.52 of this chapter.

[46 FR 48080, Sept. 30, 1981, as amended at 52 FR 5456, Feb. 23, 1987; 86 FR 26660, May 17, 2021; 86 FR 31166, June 11, 2021]