Sec. 1.1511  Contents of application.

    (a) An application for an award of fees and expenses under EAJA 
shall dentify the applicant and the proceeding for which an award is 
sought. Unless the applicant is an individual, the application shall 
state the number of employees of the applicant and describe briefly the 
type and purpose of its organization or business. The application shall 
also:
    (1) Show that the applicant has prevailed and identify the position 
of an agency or agencies in the proceeding that the applicant alleges 
was not substantially justified; or
    (2) Show that 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 proceeding.
    (b) The application shall also include a declaration that the 
applicant is a small entity as defined in 5 U.S.C. 601 or a statement 
that the applicant's net worth does not exceed $2 million (if an 
individual) or $7 million (for all other applicants, including their 
affiliates). However, an applicant may omit the statement concerning its 
net worth if:
    (1) It attaches a copy of a ruling by the Internal Revenue Service 
that it qualifies as an organization described in section 501(c)(3) of 
the Internal Revenue Code (26 U.S.C. 501(c)(3)) or, in the case of a 
tax-exempt organization not required to obtain a ruling from the 
Internal Revenue Service on its exempt status, a statement that 
describes the basis for the applicant's belief that it qualifies under 
such section; or
    (2) It states that it is a cooperative association as defined in 
section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)).
    (c) The application shall state the amount of fees and expenses for 
which an award is sought.
    (d) The application may also include any other matters that the 
applicant wishes the Commission to consider in

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determining whether and in what amount an award should be made.
    (e) The application shall be signed by the applicant or an 
authorized officer or attorney of the applicant. It shall also contain 
or be accompanied by a written verification under oath or under penalty 
of perjury that the information provided in the application is true and 
correct.
[ 47 FR 3786 , Jan. 27, 1982, as amended at  52 FR 11653 , Apr. 10, 1987;  61 FR 39899 , July 31, 1996]