[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: 28CFR24.105]



[Page 432]

 

                    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. 24.105  Eligibility of applicants.



    (a) To be eligible for an award of attorney fees and other expenses 

under the Act, the applicant must be a prevailing party in the adversary 

adjudication for which it seeks an award. The term ``party'' is defined 

in 5 U.S.C. 551(3). The applicant must show that it meets all conditions 

of eligibility set out in this subpart and in subpart B.

    (b) The types of eligible applicants are as follows:

    (1) An individual with a net worth of not more than $1 million;

    (2) The sole owner of an unincorporated business who has a net worth 

of not more than $5 million and not more than 500 employees;

    (3) A charitable or other tax-exempt organization described in 

section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) 

with not more than 500 employees;

    (4) A cooperative association as defined in section 15(a) of the 

Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 

employees; and

    (5) Any other partnership, corporation, association, or public or 

private organization with a net worth of not more than $5 million and 

not more than 500 employees.

    (c) For the purpose of eligibility, the net worth and number of 

employees of an applicant shall be determined as of the date the 

adversary adjudication was initiated.