28 CFR 24.106
§ 24.106 Standards for awards.
United States · 28 CFR — Judicial Administration · Status: effective
Cite this
- Citation
- 28 CFR 24.106, § 24.106 Standards for awards, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/120220
- Permanent ID
ys:prov:120220@1- SHA-256
eed4bafe2832b765363b60ef517c5eb33704016572c20a5c9a113b93f20a65ed
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
(a) A prevailing applicant may receive an award for fees and expenses incurred in connection with a proceeding unless (1) the position of the Department as a party to the proceeding was substantially justified or (2) special circumstances make the award sought unjust. No presumption arises that the agency's position was not substantially justified simply because the agency did not prevail.
(b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the proceedings.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.