The Equal Access to Justice Act, 5 U.S.C. 504 (called “the Act” in this part), provides for the award of attorney fees and other expenses to eligible individuals and entities who are prevailing private parties in adjudicatory proceedings before the Commission. An eligible party may receive an award when it prevails over the Commission, unless the Commission's position was substantially justified or special circumstances 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 procedures and standards that the Commission will use to make them.
[51 FR 18880, May 23, 1986]
authority: Equal Access to Justice Act,
5 U.S.C. 504(c)(1) and secs. 2(a)(11) and 8a(5) of the Commodity Exchange Act,
7 U.S.C. 4a(j) and 12a(5), unless otherwise noted
source: 46 FR 57671, Nov. 25, 1981, unless otherwise noted.
cite as: 17 CFR 148.1