(a) An application for an award of fees and expenses under the Act
shall identify the applicant and the proceeding for which an award is
sought. The application shall 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. Unless the
applicant is an individual, the application shall also state the number
of employees of the applicant at the time the proceeding was instituted
and describe briefly the type and purpose of its organization or
business.
(b) The application shall also include a statement that the
applicant's net worth at the time the formal proceedings were instituted
did not exceed $1 million (if an individual) or $5 million (for all
other applicants, including their affiliates). However, an applicant may
omit this statement 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) If the applicant is a partnership, corporation, association, or
organization, or a sole owner of an unincorporated business, the
application shall certify that it did not have more than 500 employees
at the time the formal proceedings were initiated, giving the number of
its employees and describing briefly the type and purpose of its
organization or business.
(d) The application shall state the amount of fees and expenses for
which an award is sought.
(e) The application may also include any other matters that the
applicant wishes the adjudicative officer to consider in determining
whether and in what amount an award should be made.
(f) The application shall be signed by the applicant with respect to
the eligibility of the applicant and by the attorney of the applicant
with respect to fees and expenses sought. 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.
(Approved by the Office of Management and Budget under control number
1225-0013)
[46 FR 63021, Dec. 29, 1981, as amended at 47 FR 14696, Apr. 6, 1982]
