Goto Section: 1.1503 | 1.1505 | Table of Contents
FCC 1.1504
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1504 Eligibility of applicants.
(a) To be eligible for an award of attorney fees and other expenses under
the EAJA, the applicant must be a party, as defined in 5 U.S.C. 551(3), to
the adversary adjudication for which it seeks an award. The applicant must
show that it meets all conditions of eligibility set out in this paragraph
and in paragraph (b) of this section.
(b) The types of eligible applicants are as follows:
(1) An individual with a net worth of not more than $2 million;
(2) The sole owner of an unincorporated business who has a net worth of not
more than $7 million, including both personal and business interests, and
not more than 500 employees;
(3) A charitable association as defined in section 501(c)(3) of the Internal
Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500 employees;
(4) A cooperative association as defined in section 15(a) of the
Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500
employees;
(5) Any other partnership, corporation, association, unit of local
government, or organization with a net worth of not more than $7 million and
not more than 500 employees;
(6) For purposes of § 1.1505(b), a small entity as defined in 5 U.S.C. 601.
(c) For the purpose of eligibility, the net worth and number of employees of
an applicant shall be determined as of the date the proceeding was
initiated.
(d) An applicant who owns an unincorporated business will be considered as
an “individual” rather than a “sole owner of an unincorporated business” if
the issues on which the applicant prevails are related primarily to personal
interests rather than to business interests.
(e) The number of employees of an applicant include all persons who
regularly perform services for remuneration for the applicant, under the
applicant's direction and control. Part-time employees shall be included on
a proportional basis.
(f) The net worth and number of employees of the applicant and all of its
affiliates shall be aggregated to determine eligibility. Any individual,
corporation or other entity that directly or indirectly controls or owns a
majority of the voting shares or other interest of the applicant, or any
corporation or other entity of which the applicant directly or indirectly
owns or controls a majority of the voting shares or other interest, will be
considered an affiliate for purposes of this part, unless the Administrative
Law Judge determines that such treatment would be unjust and contrary to the
purposes of the EAJA in light of the actual relationship between the
affiliated entities. In addition, the Administrative Law Judge may determine
that financial relationships of the applicant other than those described in
this paragraph constitute special circumstances that would make an award
unjust.
(g) An applicant that participates in a proceeding primarily on behalf of
one or more other persons or entities that would be ineligible is not itself
eligible for an award.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 52 FR 11653 , Apr. 10, 1987; 61 FR 39898 , July 31, 1996]
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Goto Section: 1.1503 | 1.1505
Goto Year: 2014 |
2016
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