§ 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]

   return arrow Back to Top