Sec.  1.1503   Proceedings covered.

   (a) The EAJA applies to adversary adjudications conducted by the Commission.
   These are adjudications under 5 U.S.C. 554 in which the position of the
   Commission or any other agency of the United States, or any component of an
   agency, is presented by an attorney or other representative who enters an
   appearance and participates in the proceeding. Any proceeding in which this
   Agency may fix a lawful present or future rate is not covered by the EAJA.
   Proceedings to grant or renew licenses are also excluded, but proceedings to
   modify, suspend, or revoke licenses are covered if they are otherwise
   “adversary adjudications”.

   (b) The Commission may designate a proceeding as an adversary adjudication
   for purposes of the EAJA by so stating in an order initiating the proceeding
   or designating the matter for hearing. The Commission's failure to designate
   a proceeding as an adversary adjudication shall not preclude the filing of
   an application by a party who believes the proceeding is covered by the
   EAJA; whether the proceeding is covered will then be an issue for resolution
   in proceedings on the application.

   (c) If a proceeding includes both matters covered by the EAJA and matters
   specifically excluded from coverage, any awards made will include only fees
   and expenses related to covered issues.

   [ 47 FR 3786 , Jan. 27, 1982, as amended at  52 FR 11653 , Apr. 10, 1987]