[Code of Federal Regulations] [Title 17, Volume 1] [Revised as of April 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 17CFR148.14] [Page 533] TITLE 17--COMMODITY AND SECURITIES EXCHANGES CHAPTER I--COMMODITY FUTURES TRADING COMMISSION PART 148--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COVERED ADJUDICATORY PROCEEDINGS BEFORE THE COMMISSION--Table of Contents Subpart B--Information Required from Applicants Sec. 148.14 When an application may be filed. (a) An application may be filed whenever the applicant has prevailed in the adjudicatory proceeding or in a significant and discrete substantive portion of the proceeding, subject to the separate hearing procedure pursuant to Sec. 10.63(b) of this chapter, but in no case later than 30 days after the Commission's final disposition of the adjudicatory proceeding. (b) If review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy. (c) For purposes of this rule, final disposition means the later of (1) The date on which an initial decision by the Presiding Officer becomes final pursuant to Sec. 10.84 of this chapter; (2) Issuance of an order disposing of any petitions for reconsideration of the Commission's final order in the proceeding pursuant to Sec. 10.106 of the Rules of Practice; (3) If no petition for reconsideration is filed, the last date on which such a petition could have been filed pursuant to Sec. 10.106 of the Rules of Practice; or (4) Issuance of a final Commission order or any other final resolution of a proceeding, such as a settlement or voluntary dismissal, which is not subject to a petition for reconsideration.