(a) A prevailing applicant may receive an award for fees and
expenses incurred in connection with a proceeding, or in a significant
and discrete substantive portion of the proceeding, unless the position
of the Department as a party over which the applicant has prevailed was
substantially justified or if special circumstances make the award
sought unjust. No presumption arises that the Department's position was
not substantially justified simply because the Department did not
prevail.
(b) An award will be reduced or denied if the applicant has unduly
or unreasonably protracted the proceeding.
