[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: 28CFR24.302]



[Page 434]

 

                    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 C_Procedures for Considering Applications

 

Sec. 24.302  Answer to application.



    (a) Within 30 calendar days after service of the application, 

Department counsel may file an answer. If Department counsel fails to 

answer or otherwise fails to contest or settle the application, the 

adjudicative officer may upon a satisfactory showing of entitlement by 

the applicant make an award for the applicant's fees and other expenses 

under 5 U.S.C. 504.

    (b) If Department counsel and applicant believe that they can reach 

a settlement concerning the award, Department counsel may file a 

statement of intent to negotiate. The filing of such a statement shall 

extend the time for filing an answer an additional 30 days.

    (c) The answer shall explain in detail any objections to the award 

requested and identify the facts relied on to support the objection. If 

the answer is based on any alleged facts not already reflected in the 

record of the proceeding, Department counsel shall include with the 

answer either a supporting affidavit or a request for further filings or 

other action.