§  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]