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Electronic Code of Federal Regulations

e-CFR Data is current as of September 30, 2014

Title 5Chapter XVISubchapter APart 2610Subpart C → §2610.308


Title 5: Administrative Personnel
PART 2610—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT
Subpart C—Procedures for Considering Applications


§2610.308   Decision.

The adjudicative officer shall issue an initial decision on the application within 30 days after completion of proceedings on the application. The decision shall include written findings and conclusions on the applicant's eligibility and status as a prevailing party, and an explanation of the reasons for any difference between the amount requested and the amount awarded. The decision shall also include, if at issue, findings on whether the Office's position was substantially justified, whether the applicant unduly protracted the proceedings, or whether special circumstances make an award unjust. If the applicant has sought an award against more than one agency, the decision shall allocate responsibility for payment of any award made among the agencies, and shall explain the reasons for the allocation made.



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