Sec. 1.1527  Decision.

    The Administrative Law Judge shall issue an initial decision on the 
application as soon as possible after completion of proceedings on the 
application. The decision shall include written findings and conclusions 
regarding the applicant's eligibility and whether the applicant was a 
prevailing party or whether the demand by the agency or agencies in the 
proceeding was substantially in excess of, and was unreasonable when 
compared with, the decision in the adversary adjudication, and an 
explanation of the reasons for any difference between the amount 
requested and the amount awarded. The decision shall also include, if at 
issue, findings on whether the Commission's position substantially 
justified, whether the applicant unduly protracted the proceedings, 
committed a willful violation of law, or otherwise acted in bad faith, 
or whether special circumstances make an award unjust. If the applicant 
has sought an award against more than one agency, the decision shall 
allocate responsibility for payment of any award made among the 
agencies, and shall explain the reasons for the allocation made.
[ 61 FR 39900 , July 31, 1996]