(a) To be eligible for an award of attorney fees and other expenses under the Act,
the applicant must be a party to the adversary adjudication for which it seeks an
award. The term “party” is defined in 5 U.S.C. 551(3). The applicant must show that
it meets all conditions of eligibility set out in this subpart and has complied with
the requirements in Subpart B of this part.
(b) The types of eligible applicants are as follows:
(1) An individual with a net worth of not more than $1 million;
(2) The sole owner of an unincorporated business who has a net worth of not more
than $5 million, including both personal and business interests, and not more than
(3) A charitable or other tax-exempt organization described in section 501(c)(3) of
the Internal Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500
(4) A cooperative association as defined in section 15(a) of the Agricultural
Marketing Act (12 U.S.C. 1141(a)) with not more than 500 employees, or
(5) Any other partnership, corporation, association, or public or private
organization with a net worth of not more than $5 million and not more than 500
(c) For the purpose of eligibility, the net worth and number of employees of an
applicant shall be determined as of the date the proceeding was initiated.
(d) An applicant who owns an unincorporated business will be considered as an
“individual” rather than a “sole owner of an unincorporated business” if the matter
in controversy is primarily related to personal interests rather than to business
(e) The employees of an applicant include all persons who regularly perform
services for remuneration for the applicant, under the applicant's direction and
control. Part-time employees shall be included.
(f) The net worth and number of employees of the applicant and all of its
affiliates shall be aggregated to determine eligibility. Any individual or group of individuals, corporation or other entity that directly or
indirectly controls or owns a majority of the voting shares of another business, or
controls in any manner the election of a majority of that business's board of
directors, trustees, or other persons exercising similar functions, will be
considered an affiliate of that business for purposes of this part, unless the
adjudicative officer determines that such treatment would be unjust and contrary to
the purposes of the Act in light of the actual relationship between the afffiliated
entities. In addition, the adjudicative officer may determine that financial
relationships of the applicant other than those described in this paragraph
constitute special circumstances that would make an award unjust.
(g) An applicant that participates in a proceeding primarily on behalf of one or
more other persons or entities that would be ineligible is not itself eligible for
Title 31 published on 2012-07-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.