82
14 CFR Ch. I (1–1–24 Edition)
§ 14.01
14.12
Documentation of fees and expenses.
Subpart C—Procedures for Considering
Applications
14.20
When an application may be filed.
14.21
Filing and service of documents.
14.22
Answer to application.
14.23
Reply.
14.24
Comments by other parties.
14.25
Settlement.
14.26
Further proceedings.
14.27
Decision.
14.28
Review by FAA decisionmaker.
14.29
Judicial review.
14.30
Payment of award.
A
UTHORITY
: 5 U.S.C. 504; 49 U.S.C. 106(f),
40113, 46104 and 47122.
S
OURCE
: Docket No. 25958, 54 FR 46199, Nov.
1, 1989, unless otherwise noted.
Subpart A—General Provisions
§ 14.01
Purpose of these rules.
The Equal Access to Justice Act, 5
U.S.C. 504 (the Act), provides for the
award of attorney fees and other ex-
penses to eligible individuals and enti-
ties who are parties to certain adminis-
trative proceedings (adversary adju-
dications) before the Federal Aviation
Administration (FAA). An eligible
party may receive an award when it
prevails over the FAA, unless the agen-
cy’s position in the proceeding was sub-
stantially justified or special cir-
cumstances make an award unjust. The
rules in this part describe the parties
eligible for awards and the proceedings
that are covered. They also explain
how to apply for awards, and the proce-
dures and standards that the FAA De-
cisionmaker will use to make them. As
used hereinafter, the term ‘‘agency’’
applies to the FAA.
§ 14.02
Proceedings covered.
(a) The Act applies to certain adver-
sary adjudications conducted by the
FAA under 49 CFR part 17 and the Ac-
quisition Management System (AMS).
These are adjudications under 5 U.S.C.
554, in which the position of the FAA is
represented by an attorney or other
representative who enters an appear-
ance and participates in the pro-
ceeding. This subpart applies to pro-
ceedings under 49 U.S.C. 46301, 46302,
and 46303 and to the Default Adjudica-
tive Process under part 17 of this chap-
ter and the AMS.
(b) If a proceeding includes both mat-
ters covered by the Act and matters
specifically excluded from coverage,
any award made will include only fees
and expenses related to covered issues.
(c) Fees and other expenses may not
be awarded to a party for any portion
of the adversary adjudication in which
such party has unreasonably pro-
tracted the proceedings.
[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14–03, 64 FR 32935, June 18, 1999]
§ 14.03
Eligibility of applicants.
(a) To be eligible for an award of at-
torney fees and other expenses under
the Act, the applicant must be a party
to the adversary adjudication for which
it seeks an award. The term ‘‘party’’ is
defined in 5 U.S.C. 504(b)(1)(B) and 5
U.S.C. 551(3). The applicant must show
that it meets all conditions or eligi-
bility set out in this subpart.
(b) The types of eligible applicants
are as follows:
(1) An individual with a net worth of
not more than $2 million at the time
the adversary adjudication was initi-
ated;
(2) The sole owner of an unincor-
porated business who has a net worth
of not more than $7 million, including
both personal and business interests,
and not more than 500 employees at the
time the adversary adjudication was
initiated;
(3) A charitable or other tax-exempt
organization described in section
501(c)(3) of the Internal Revenue Code
(26 U.S.C. 501(c)(3)) with not more than
500 employees at the time the adver-
sary adjudication was initiated; and
(4) A cooperative association as de-
fined in section 15(a) of the Agricul-
tural Marketing Act (12 U.S.C. 1141j(a))
with not more than 500 employees at
the time the adversary adjudication
was initiated; and
(5) Any other partnership, corpora-
tion, association, or public or private
organization with a net worth of not
more than $7 million and not more
than 500 employees at the time the ad-
versary adjudication was initiated.
(c) For the purpose of eligibility, the
net worth and number of employees of
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