§ 1.1527   Decision.

   The  Administrative  Law  Judge shall issue an initial decision on the
   application as soon as possible after completion of proceedings on the
   application. The decision shall include written findings and conclusions
   regarding  the applicant's eligibility and whether the applicant was a
   prevailing party or whether 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 adversary adjudication, and an
   explanation of the reasons for any difference between the amount requested
   and  the amount awarded. The decision shall also include, if at issue,
   findings on whether the Commission's position substantially justified,
   whether the applicant unduly protracted the proceedings, committed a willful
   violation  of law, or otherwise acted in bad faith, or whether special
   circumstances make an award unjust. If the applicant has sought an award
   against more than one agency, the decision shall allocate responsibility for
   payment of any award made among the agencies, and shall explain the reasons
   for the allocation made.

   [ 61 FR 39900 , July 31, 1996]

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