[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR24.101]



[Page 430-431]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 24_IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN DEPARTMENT 

OF JUSTICE ADMINISTRATIVE PROCEEDINGS--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 24.101  Purpose of these rules.









                      Subpart A_General Provisions



Sec.

24.101 Purpose of these rules.

24.102 Definitions.

24.103 Proceedings covered.



[[Page 431]]



24.104 Applicability to Department of Justice proceedings.

24.105 Eligibility of applicants.

24.106 Standards for awards.

24.107 Allowable fees and other expenses.



             Subpart B_Information Required From Applicants



24.201 Contents of application.

24.202 Net worth exhibit.

24.203 Documentation of fees and expenses.

24.204 Time for submission of application.



            Subpart C_Procedures for Considering Applications



24.301 Filing and service of documents.

24.302 Answer to application.

24.303 Comments by other parties.

24.304 Settlement.

24.305 Extensions of time.

24.306 Decision on application.

24.307 Department review.

24.308 Judicial review.

24.309 Payment of award.



    Authority: 5 U.S.C. 504(c)(1).



    Source: Order No. 975-82, 47 FR 15776, Apr. 13, 1982, unless 

otherwise noted.







    These rules are adopted by the Department of Justice pursuant to 

section 504 of title 5, U.S. Code, as amended by section 203(a)(1) of 

the Equal Access to Justice Act, Public Law No. 96-481. Under the Act, 

an eligible party may receive an award for attorney fees and other 

expenses when it prevails over the Department in an adversary 

adjudication under 5 U.S.C. 554 before the Department, unless the 

Department's position as a party to the proceeding was substantially 

justified or special circumstances make an award unjust. The purpose of 

these rules is to establish procedures for the submission and 

consideration of applications for awards against the Department.