§ 12.103. Proceedings covered.
194 words·~1 min read·
/us/cfr/t10/s§ 12.103·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The EAJA applies to the following proceedings:
(1)Hearings under the Administrative False Claims Act (31 U.S.C. 3801-12);
(2)Any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607); and
(3)Adversary adjudications conducted by the Commission pursuant to any other statutory provision that requires a proceeding before the Nuclear Regulatory Commission to be so conducted as to fall within the meaning of “adversary adjudication” under 5 U.S.C. 504(b)(1)(C).
(b)The Commission's failure to identify a type of proceeding as an adversary adjudication shall not preclude the filing of an application by a party who believes the proceeding is covered by the EAJA. Whether the proceeding is covered will then be an issue for resolution in proceedings on the application.
(c)If a proceeding includes both matters covered by the EAJA and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues. [59 FR 23121, May 5, 1994, as amended at 90 FR 33266, July 17, 2025]
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U.S. Code
3 references not yet in our index
- 31 USC 3801-12
- 41 USC 605
- 41 USC 607
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