Sec. 1.1501  Purpose of these rules.

    The Equal Access to Justice Act, 5 U.S.C. 504 (called the EAJA in 
this subpart), provides for the award of attorney's fees and other 
expenses to eligible individuals and entities who are parties to certain 
administrative proceedings (called adversary adjudications) before the 
Commission. An eligible party may receive an award when it prevails over 
the Commission, unless the Commission's position in the proceeding was 
substantially justified or special circumstances make an award unjust, 
or when the demand of the Commission is substantially in excess of the 
decision in the adversary adjudication and is unreasonable when compared 
with such decision, under the facts and circumstances of the case, 
unless the party has committed a willful violation of law or otherwise 
acted in bad faith, 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

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and standards that the Commission will use to make them.
[ 47 FR 3786 , Jan. 27, 1982, as amended at  61 FR 39898 , July 31, 1996]