22 CFR 134.5
§ 134.5 Standard for awards.
United States · 22 CFR — Foreign Relations · Status: effective
Cite this
- Citation
- 22 CFR 134.5, § 134.5 Standard for awards, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/93628
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Full text
(a) A prevailing applicant may receive an award for fees and expenses incurred in connection with a proceeding, or in a significant and discrete substantive portion of the proceeding, unless the position of the agency over which the applicant has prevailed was substantially justified. The burden of proof that an award should not be made to an eligible prevailing applicant is on the Department of State which may avoid an award by showing that its position was reasonable in law and fact.
(b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding or if special circumstances make the award sought unjust.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.