§ 19.207. Application requirements.
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/us/cfr/t12/s§ 19.207·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Timing of application. A party seeking an award under this subpart must file an application with the OCC within 30 days after the OCC's final disposition of the adversary adjudication.
(b)Contents of application. An application for an award of fees and expenses under this section must:
(1)Identify the applicant and the proceeding for which an award is sought;
(2)Show that the applicant has prevailed and identify the position of the OCC that the applicant alleges was not substantially justified;
(3)State the basis for the applicant's belief that the OCC position was not substantially justified;
(4)Unless the applicant is an individual, state the number of employees of the applicant and describe briefly the type and purpose of its organization or business;
(5)Show that the applicant meets the definition of “party” in § 19.206(c), including documentation of its net worth pursuant to § 19.208, if applicable;
(6)State the amount of fees and expenses for which an award is sought, as documented pursuant to § 19.209;
(7)Be signed by the applicant if the applicant is an individual or by an authorized officer or attorney of the applicant;
(8)Any other matter the applicant wishes the OCC to consider in determining whether and in what amount an award should be made; and
(9)Contain or be accompanied by a written verification under penalty of perjury that the information provided in the application is true and correct.
(c)Referral of application. Upon receipt of an EAJA application, the OCC will, if feasible, refer the matter to the official who heard the underlying adversary adjudication.