§  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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