34 CFR 21.1 - Equal Access to Justice Act.
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(a) The Equal Access to Justice Act (the Act) provides for the award of fees and other expenses to applicants that—
(b) An eligible applicant, as described in paragraph (a) of this section, is entitled to receive an award unless—
(1) The adjudicative officer, the Civil Rights Reviewing Authority (CRRA), or the Secretary on review, determines that—
(2) The adversary adjudication is under judicial review, in which case the applicant may receive an award only as described in § 21.11.
(c) The determination under paragraph (b)(1)(i) of this section is based on the administrative record, as a whole, made during the adversary adjudication for which fees and other expenses are sought.
(Authority: 5 U.S.C. 504(a)(1) and (c)(1))
Title 34 published on 2014-07-01
no entries appear in the Federal Register after this date.