31 CFR 6.5 - Standards for awards.
(a) A prevailing applicant may receive an award for fees and expenses incurred in connection with the final disposition of a proceeding, unless (1) the position of the agency was substantially justified, or (2) special circumstances make the award unjust. No presumption arises that the agency's position was not substantially justified simply because the agency did not prevail.
Title 31 published on 2013-07-01
no entries appear in the Federal Register after this date.