§ 17.26. Decision on application.
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/us/cfr/t40/s§ 17.26·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Presiding Officer shall issue a recommended decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision:
(a)The applicant's status as a prevailing party;
(b)The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B);
(c)Whether EPA's position as a party to the proceeding was substantially justified;
(d)Whether the special circumstances make an award unjust;
(e)Whether the applicant during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and
(f)The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.
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§ 17.26
Decision on application.
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