FCC 1.1501 Revised as of October 1, 2013
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2014
§ 1.1501 Purpose of these rules.
The Equal Access to Justice Act, 5 U.S.C. 504 (called the EAJA in this
subpart), provides for the award of attorney's fees and other expenses
to eligible individuals and entities who are parties to certain
administrative proceedings (called adversary adjudications ) before the
Commission. An eligible party may receive an award when it prevails
over the Commission, unless the Commission's position in the proceeding
was substantially justified or special circumstances make an award
unjust, or when the demand of the Commission is substantially in excess
of the decision in the adversary adjudication and is unreasonable when
compared with such decision, under the facts and circumstances of the
case, unless the party has committed a willful violation of law or
otherwise acted in bad faith, or special circumstances make an award
unjust. The rules in this part describe the parties eligible for awards
and the proceedings that are covered. They also explain how to apply
for awards, and the procedures and standards that the Commission will
use to make them.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39898 , July 31, 1996]
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