Regulations (Standards - 29 CFR) - Table of Contents|
| Part Number:||2204|
| Part Title:||Implementation of the Equal Access to Justice Act|
| Subpart Title:||General Provisions|
| Standard Number:||2204.106|
| Title:||Standards for awards.|
| GPO Source:||e-CFR|
A prevailing applicant may receive an award for fees and expenses in connection with a proceeding, or in a discrete substantive portion of the proceedings, unless the position of the Secretary was substantially justified. The position of the Secretary includes, in addition to the position taken by the Secretary in the adversary adjudication, the action or failure to act by the Secretary upon which the adversary adjudication is based. The burden of persuasion that an award should not be made to an eligible prevailing applicant because the Secretary's position was substantially justified is on the Secretary.
An award shall be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding. An award shall be denied if special circumstances make an award unjust.
[46 FR 48080, Sept. 30, 1981, as amended at 52 FR 5456, Feb. 23, 1987]
Next Standard (2204.107)|
|Regulations (Standards - 29 CFR) - Table of Contents|
The Department of Labor does not endorse, takes no responsibility for, and exercises no control over the linked organization or its views, or contents, nor does it vouch for the accuracy or accessibility of the information contained on the destination server. The Department of Labor also cannot authorize the use of copyrighted materials contained in linked Web sites. Users must request such authorization from the sponsor of the linked Web site. Thank you for visiting our site. Please click the button below to continue.