If an applicant is entitled to an award because it prevails over another agency of the United States that participates in a proceeding before the Department of Labor and the other agency takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency by the adjudicative officer for the Department of Labor.
source: 46 FR 63021, Dec. 29, 1981, unless otherwise noted.
cite as: 29 CFR 16.108