§ 1.1514   When an application may be filed.

   (a) An application may be filed whenever the applicant has prevailed in the
   proceeding or in a significant and discrete substantive portion of the
   proceeding, or when the demand of the Commission is substantially in excess
   of the decision in the proceeding, but in no case later than 30 days after
   the Commission's final disposition of the proceeding.

   (b) If review or reconsideration is sought or taken of a decision as to
   which an applicant believes it has prevailed, proceedings for the award of
   fees  shall  be  stayed  pending  final  disposition of the underlying
   controversy.

   (c) For purposes of this rule, final disposition means the later of

   (1) The date on which an initial decision or other recommended disposition
   of the merits of the proceeding by an Administrative Law Judge becomes
   administratively final;

   (2) Issuance of an order disposing of any petitions for reconsideration of
   the Commission's order in the proceeding;

   (3) If no petition for reconsideration is filed, the last date on which such
   petition could have been filed;

   (4)  Issuance  of  a  final order by the Commission or any other final
   resolution of a proceeding, such as settlement or voluntary dismissal, which
   is not subject to a petition for reconsideration, or to a petition for
   judicial review; or

   (5) Completion of judicial action on the underlying controversy and any
   subsequent Commission action pursuant to judicial mandate.

   [ 47 FR 3786 , Jan. 27, 1982, as amended at  61 FR 39899 , July 31, 1996]

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Procedures for Considering Applications

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