§ 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]

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