FCC 1.1501 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 1.1501 Purpose of these rules.
The Equal Access to Justice Act, 5 U.S.C. 504 (called the EAJA in this
subpart), provides for the award of attorney's fees and other expenses to
eligible individuals and entities who are parties to certain administrative
proceedings (called adversary adjudications) before the Commission. An
eligible party may receive an award when it prevails over the Commission,
unless the Commission's position in the proceeding was substantially
justified or special circumstances make an award unjust, or when the demand
of the Commission is substantially in excess of the decision in the
adversary adjudication and is unreasonable when compared with such decision,
under the facts and circumstances of the case, unless the party has
committed a willful violation of law or otherwise acted in bad faith, or
special circumstances make an award unjust. The rules in this part describe
the parties eligible for awards and the proceedings that are covered. They
also explain how to apply for awards, and the procedures and standards that
the Commission will use to make them.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39898 , July 31, 1996]
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