Contents of the application for award.

CFR · 2024-01-01 · US · Title 12

(a) An application for award of fees and other expenses under either § 1203.4(a) and § 1203.4(b) must: (1) Identify the applicant and the adversary adjudication for which an award is sought; (2) State the amount of fees and other expenses for which an award is sought; (3) Provide the statements and documentation required by paragraph (b) or (c) of this section and § 1203.12 and any additional information required by the adjudicative officer; and (4) Be signed by the applicant or an authorized officer or attorney of the applicant and 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. (b) An application for award under § 1203.4(a) must show that the demand of FHFA was substantially in excess of, and was unreasonable when compared to, the decision in the underlying adversary adjudication under the facts and circumstances of the case. It must also show that the applicant is a small entity as defined in 5 U.S.C. 601. (c) An application for award under § 1203.4(b) must: (1) Show that the applicant has prevailed in a significant and discrete substantive portion of the underlying adversary adjudication and identify the position of FHFA in the adversary adjudication that the applicant alleges was not substantially justified; (2) State the number of employees of the applicant and describe briefly the type and purposes of its organization or business (if the applicant is not an

official document · source cfr-2024 · id 12:§ 1203.10