§  1.1527   Initial decision.

   A presiding officer (other than the Commission) shall issue an initial
   decision on the application as soon as possible after completion of
   proceedings on the application. The decision shall include written
   findings and conclusions regarding the applicant's eligibility and
   whether the applicant was a prevailing party or whether the demand by
   the agency or agencies in the proceeding was substantially in excess
   of, and was unreasonable when compared with, the decision in the
   adversary adjudication, and an explanation of the reasons for any
   difference between the amount requested and the amount awarded. The
   decision shall also include, if at issue, findings on whether the
   Commission's position substantially justified, whether the applicant
   unduly protracted the proceedings, committed a willful violation of
   law, or otherwise acted in bad faith, or whether special circumstances
   make an award unjust. If the applicant has sought an award against more
   than one agency, the decision shall allocate responsibility for payment
   of any award made among the agencies, and shall explain the reasons for
   the allocation made. When the Commission is the presiding officer, the
   Commission may, but is not required to, issue an initial or recommended
   decision.

   [ 61 FR 39900 , July 31, 1996, as amended at  85 FR 63184 , Oct. 6, 2020]