FCC 1.1527 Revised as of December 4, 2012
Goto Year:2011 |
§ 1.1527 Decision.
The Administrative Law Judge shall issue an initial decision on the
application as soon as possible after completion of proceedings on the
application. The decision shall include written findings and
conclusions regarding the applicant's eligibility and whether the
applicant was a prevailing party or whether the demand by the agency or
agencies in the proceeding was substantially in excess of, and was
unreasonable when compared with, the decision in the adversary
adjudication, 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 Commission's
position substantially justified, whether the applicant unduly
protracted the proceedings, committed a willful violation of law, or
otherwise acted in bad faith, 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.
[ 61 FR 39900 , July 31, 1996]
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