28 CFR 24.306
§ 24.306 Decision on application.
United States · 28 CFR — Judicial Administration · Status: effective
Cite this
- Citation
- 28 CFR 24.306, § 24.306 Decision on application, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/120233
- Permanent ID
ys:prov:120233@1- SHA-256
488ff98ba0cd65c05afb018ba4e7a91bb1d9cabd5ffba04d5161b10e91454902
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
The adjudicative officer shall promptly issue a decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision:
(a) The applicant's status as a prevailing party;
(b) The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B);
(c) Whether the Department's position as a party to the proceeding was substantially justified;
(d) Whether special circumstances make an award unjust;
(e) Whether the applicant during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and
(f) The amounts, if any, awarded for fees and other expenses, with reasons for any difference between the amount requested and the amount awarded.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.