FCC 1.1527 Revised as of October 1, 2005
Goto Year:2004 |
2006
Sec. 1.1527 Decision.
The Administrative Law Judge 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.
[ 61 FR 39900 , July 31, 1996]
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