(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.
(b) An award will be reduced or denied if the applicant has unduly or unreasonably
protracted the proceeding or if special circumstances make the award sought
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.