Goto Section: 1.1513 | 1.1521 | Table of Contents
FCC 1.1514
Revised as of October 2, 2015
Goto Year:2014 |
2016
§ 1.1514 When an application may be filed.
(a) An application may be filed whenever the applicant has prevailed in the
proceeding or in a significant and discrete substantive portion of the
proceeding, or when the demand of the Commission is substantially in excess
of the decision in the proceeding, but in no case later than 30 days after
the Commission's final disposition of the proceeding.
(b) If review or reconsideration is sought or taken of a decision as to
which an applicant believes it has prevailed, proceedings for the award of
fees shall be stayed pending final disposition of the underlying
controversy.
(c) For purposes of this rule, final disposition means the later of
(1) The date on which an initial decision or other recommended disposition
of the merits of the proceeding by an Administrative Law Judge becomes
administratively final;
(2) Issuance of an order disposing of any petitions for reconsideration of
the Commission's order in the proceeding;
(3) If no petition for reconsideration is filed, the last date on which such
petition could have been filed;
(4) Issuance of a final order by the Commission or any other final
resolution of a proceeding, such as settlement or voluntary dismissal, which
is not subject to a petition for reconsideration, or to a petition for
judicial review; or
(5) Completion of judicial action on the underlying controversy and any
subsequent Commission action pursuant to judicial mandate.
[ 47 FR 3786 , Jan. 27, 1982, as amended at 61 FR 39899 , July 31, 1996]
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Procedures for Considering Applications
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Goto Section: 1.1513 | 1.1521
Goto Year: 2014 |
2016
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