Goto Section: 1.1503 | 1.1505 | Table of Contents
Revised as of September 1, 2021
Goto Year:2020 |
§ 1.1504 Eligibility of applicants.
(a) To be eligible for an award of attorney fees and other expenses
under the EAJA, the applicant must be a party, as defined in 5 U.S.C.
551(3), to the adversary adjudication for which it seeks an award. The
applicant must show that it meets all conditions of eligibility set out
in this paragraph and in paragraph (b) of this section.
(b) The types of eligible applicants are as follows:
(1) An individual with a net worth of not more than $2 million;
(2) The sole owner of an unincorporated business who has a net worth of
not more than $7 million, including both personal and business
interests, and not more than 500 employees;
(3) A charitable association as defined in section 501(c)(3) of the
Internal Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500
(4) A cooperative association as defined in section 15(a) of the
Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500
(5) Any other partnership, corporation, association, unit of local
government, or organization with a net worth of not more than $7
million and not more than 500 employees;
(6) For purposes of § 1.1505(b), a small entity as defined in 5 U.S.C.
(c) For the purpose of eligibility, the net worth and number of
employees of an applicant shall be determined as of the date the
proceeding was initiated.
(d) An applicant who owns an unincorporated business will be considered
as an “individual” rather than a “sole owner of an unincorporated
business” if the issues on which the applicant prevails are related
primarily to personal interests rather than to business interests.
(e) The number of employees of an applicant include all persons who
regularly perform services for remuneration for the applicant, under
the applicant's direction and control. Part-time employees shall be
included on a proportional basis.
(f) The net worth and number of employees of the applicant and all of
its affiliates shall be aggregated to determine eligibility. Any
individual, corporation or other entity that directly or indirectly
controls or owns a majority of the voting shares or other interest of
the applicant, or any corporation or other entity of which the
applicant directly or indirectly owns or controls a majority of the
voting shares or other interest, will be considered an affiliate for
purposes of this part, unless the presiding officer, as defined in 47
CFR 1.241, determines that such treatment would be unjust and contrary
to the purposes of the EAJA in light of the actual relationship between
the affiliated entities. In addition, the presiding officer may
determine that financial relationships of the applicant other than
those described in this paragraph constitute special circumstances that
would make an award unjust.
(g) An applicant that participates in a proceeding primarily on behalf
of one or more other persons or entities that would be ineligible is
not itself eligible for an award.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987;
61 FR 39898 , July 31, 1996; 85 FR 63183 , Oct. 6, 2020]
Goto Section: 1.1503 | 1.1505
Goto Year: 2020 |
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