§ 1071.200. Contents of application.
264 words·~1 min read·
/us/cfr/t12/s§ 1071.200·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
An application for an award of fees and expenses under the Act shall contain the following:
(a)Identity of the applicant and the proceeding for which the award is sought;
(b)A showing that the applicant has prevailed; or, if the applicant has not prevailed, a showing that the Bureau's demand was substantially in excess of the decision of the adjudicative officer and was unreasonable when compared with that decision, under the facts and circumstances of that case;
(c)Identification of the Bureau position(s) in the proceeding that the applicant alleges was
(were)not substantially justified; or, identification of the Bureau's demand that is alleged to be excessive and unreasonable and an explanation as to why the demand was excessive and unreasonable;
(d)A brief description of the type and purpose of the organization or business (unless the applicant is an individual).
(e)A statement of how the applicant meets the eligibility criteria of § 1071.103;
(f)The amount of fees and expenses incurred after the initiation of the adversary adjudication, or in the case of a claim for defending against an allegedly excessive demand, the amount of fees and expenses incurred after the initiation of the adjudicative proceeding attributable to the allegedly excessive portion of the demand;
(g)Any other matter the applicant wishes the Bureau to consider in determining whether and in what amount an award should be made; and
(h)A written verification under oath or under penalty of perjury that the information provided is true and correct, accompanied by the signature of the applicant or an authorized officer or attorney.