Goto Section: 1.1513 | 1.1521 | Table of Contents
Revised as of October 22, 2020
Goto Year:2020 |
§ 1.1514 When an application may be filed.
Link to an amendment published at 85 FR 63184 , Oct. 6, 2020.
(a) An application may be filed whenever the applicant has prevailed in
the proceeding or in a significant and discrete substantive portion of
the proceeding, or when the demand of the Commission is substantially
in excess of the decision in the proceeding, but in no case later than
30 days after the Commission's final disposition of the proceeding.
(b) If review or reconsideration is sought or taken of a decision as to
which an applicant believes it has prevailed, proceedings for the award
of fees shall be stayed pending final disposition of the underlying
(c) For purposes of this rule, final disposition means the later of
(1) The date on which an initial decision or other recommended
disposition of the merits of the proceeding by an Administrative Law
Judge becomes administratively final;
(2) Issuance of an order disposing of any petitions for reconsideration
of the Commission's order in the proceeding;
(3) If no petition for reconsideration is filed, the last date on which
such petition could have been filed;
(4) Issuance of a final order by the Commission or any other final
resolution of a proceeding, such as settlement or voluntary dismissal,
which is not subject to a petition for reconsideration, or to a
petition for judicial review; or
(5) Completion of judicial action on the underlying controversy and any
subsequent Commission action pursuant to judicial mandate.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996]
Procedures for Considering Applications
Goto Section: 1.1513 | 1.1521
Goto Year: 2020 |
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