§  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]

   

Procedures for Considering Applications