§ 1.1511   Contents of application.

   (a)  An application for an award of fees and expenses under EAJA shall
   dentify the applicant and the proceeding for which an award is sought.
   Unless the applicant is an individual, the application shall state the
   number of employees of the applicant and describe briefly the type and
   purpose of its organization or business. The application shall also:

   (1) Show that the applicant has prevailed and identify the position of an
   agency or agencies in the proceeding that the applicant alleges was not
   substantially justified; or

   (2) Show that 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 proceeding.

   (b) The application shall also include a declaration that the applicant is a
   small entity as defined in 5 U.S.C. 601 or a statement that the applicant's
   net worth does not exceed $2 million (if an individual) or $7 million (for
   all other applicants, including their affiliates). However, an applicant may
   omit the statement concerning its net worth if:

   (1) It attaches a copy of a ruling by the Internal Revenue Service that it
   qualifies as an organization described in section 501(c)(3) of the Internal
   Revenue  Code  (26  U.S.C.  501(c)(3)) or, in the case of a tax-exempt
   organization not required to obtain a ruling from the Internal Revenue
   Service on its exempt status, a statement that describes the basis for the
   applicant's belief that it qualifies under such section; or

   (2) It states that it is a cooperative association as defined in section
   15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)).

   (c) The application shall state the amount of fees and expenses for which an
   award is sought.

   (d) The application may also include any other matters that the applicant
   wishes the Commission to consider in determining whether and in what amount
   an award should be made.

   (e)  The application shall be signed by the applicant or an authorized
   officer  or  attorney  of  the  applicant. It shall also contain or be
   accompanied by a written verification under oath or under penalty of perjury
   that the information provided in the application is true and correct.

   [ 47 FR 3786 , Jan. 27, 1982, as amended at  52 FR 11653 , Apr. 10, 1987;  61 FR 39899 , July 31, 1996]

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