FCC 1.1505 Revised as of December 4, 2012
Goto Year:2011 |
§ 1.1505 Standards for awards.
(a) A prevailing party may receive an award for fees and expenses
incurred in connection either with an adversary adjudication, or with a
significant and discrete substantive portion of an adversary
adjudication in which the party has prevailed over the position of the
(1) The position of the Commission includes, in addition to the
position taken by the Commission in the adversary adjudication, the
action or failure to act by the agency upon which the adversary
adjudication is based.
(2) An award will be reduced or denied if the Commission's position was
substantially justified in law and fact, if special circumstances make
an award unjust, or if the prevailing party unduly or unreasonably
protracted the adversary adjudication.
(b) If, in an adversary adjudication arising from a Commission action
to enforce a party's compliance with a statutory or regulatory
requirement, the demand of the Commission is substantially in excess of
the decision in the adversary adjudication and is unreasonable when
compared with that decision, under the facts and circumstances of the
case, the party shall be awarded the fees and other expenses related to
defending against the excessive demand, unless the party has committed
a willful violation of law or otherwise acted in bad faith, or special
circumstances make an award unjust. The “demand” of the Commission
means the express demand which led to the adversary adjudication, but
it does not include a recitation by the Commission of the maximum
statutory penalty in the administrative complaint, or elsewhere when
accompanied by an express demand for a lesser amount.
(c) The burden of proof that an award should not be made is on the
appropriate Bureau (see § 1.21) whose representative shall be called
“Bureau counsel” in this subpart K.
[ 61 FR 39899 , July 31, 1996]
return arrow Back to Top
CiteFind - See documents on FCC website that
cite this rule
Want to support this service?
Report errors in
this rule. Since these rules are converted to HTML by machine, it's possible errors have been made. Please
help us improve these rules by clicking the Report FCC Rule Errors link to report an error.