FCC 1.1511 Revised as of October 1, 2014
Goto Year:2013 |
§ 1.1511 Contents of application.
(a) An application for an award of fees and expenses under EAJA shall
dentify the applicant and the proceeding for which an award is sought.
Unless the applicant is an individual, the application shall state the
number of employees of the applicant and describe briefly the type and
purpose of its organization or business. The application shall also:
(1) Show that the applicant has prevailed and identify the position of
an agency or agencies in the proceeding that the applicant alleges was
not substantially justified; or
(2) Show that 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 proceeding.
(b) The application shall also include a declaration that the applicant
is a small entity as defined in 5 U.S.C. 601 or a statement that the
applicant's net worth does not exceed $2 million (if an individual) or
$7 million (for all other applicants, including their affiliates).
However, an applicant may omit the statement concerning its net worth
(1) It attaches a copy of a ruling by the Internal Revenue Service that
it qualifies as an organization described in section 501(c)(3) of the
Internal Revenue Code (26 U.S.C. 501(c)(3)) or, in the case of a
tax-exempt organization not required to obtain a ruling from the
Internal Revenue Service on its exempt status, a statement that
describes the basis for the applicant's belief that it qualifies under
such section; or
(2) It states that it is a cooperative association as defined in
section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)).
(c) The application shall state the amount of fees and expenses for
which an award is sought.
(d) The application may also include any other matters that the
applicant wishes the Commission to consider in determining whether and
in what amount an award should be made.
(e) The application shall be signed by the applicant or an authorized
officer or attorney of the applicant. It shall also contain or be
accompanied by a written verification under oath or under penalty of
perjury that the information provided in the application is true and
[ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987;
61 FR 39899 , July 31, 1996]
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