(a) Time to file. An application and any other pleading or document related to the application may be filed with the Board whenever the applicant has prevailed in the proceeding within 30 days after service of the final order of the Board disposing of the proceeding.
(b) Contents. An application for an award of fees and expenses under this subpart shall contain:
(1) The name of the applicant and an identification of the proceeding;
(2) A showing that the applicant has prevailed, and an identification of the way in which the applicant believes that the position of the Board in the proceeding was not substantially justified;
(3) If the applicant is not an individual, a statement of the number of its employees on the date the proceeding was initiated;
(4) A description of any affiliated individuals or entities, as defined in § 263.103(c)(5), or a statement that none exist;
(5) A declaration that the applicant, together with any affiliates, had a net worth not more than the maximum set forth in § 263.103(b) as of the date the proceeding was initiated, supported by a net worth statement conforming to the requirements of § 263.105 ;
(6) A statement of the amount of fees and expenses for which an award is sought conforming to § 263.107; and
(7) Any other matters that the applicant wishes the Board to consider in determining whether and in what amount an award should be made.
(c) Verification. The application shall be signed by the applicant or an authorized officer of or attorney for the applicant. It shall also contain or be accompanied by a written verification under oath or under penalty of perjury that the information provided in the application and supporting documents is true and correct.
(d) Service. The application and related documents shall be served on all parties to the adversary proceeding in accordance with § 263.11, except that statements of net worth shall be served only on counsel for the Board.
(e) Presiding officer. Upon receipt of an application, the Board shall, if feasible, refer the matter to the administrative law judge who heard the underlying adversary proceeding.
Title 12 published on 2012-01-01
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