[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: 28CFR24.305]



[Page 434-435]

 

                    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. 24.305  Extensions of time.



    (a) The adjudicative officer may on motion and for good cause shown 

grant extensions of time other than for filing an application for fees 

and expenses after final disposition in the adversary adjudication.



[[Page 435]]



    (b) Ordinarily, the determination of an award will be made on the 

basis of the written record of the underlying proceeding and the filings 

required or permitted by the foregoing sections of these rules. However, 

the adjudicative officer may sua sponte or on motion of any party to the 

proceedings require or permit further filings or other action, such as 

an informal conference, oral argument, additional written submissions, 

or an evidentiary hearing. Such further action shall occur only when 

necessary for full and fair resolution of the issues arising from the 

application and shall take place as promptly as possible. A motion for 

further filings or other action shall specifically identify the 

information sought on the disputed issues and shall explain why the 

further filings or other action is necessary to resolve the issues.

    (c) In the event that an evidentiary hearing is required or 

permitted by the adjudicative officer, such hearing and any related 

filings or other action required or permitted shall be conducted 

pursuant to the procedural rules governing adversary adjudications 

conducted by the Department component in which the underlying adversary 

adjudication was conducted.