§ 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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