Eligibility of applicants.

CFR · 2024-01-01 · US · Title 7

(a) To be eligible for an award of attorney fees and other expenses under EAJA, the applicant must meet one of the following conditions: (1) The applicant must be a prevailing party to the adversary adjudication for which it seeks an award; or (2) The applicant must be a party to an adversary adjudication arising from an agency action to enforce the party's compliance with a statutory or regulatory requirement in which the demand by the agency was substantially in excess of the decision of the adjudicative officer and the demand is unreasonable when compared with such decision under the facts and circumstances of the case. (b) In addition to the criteria set out in paragraph (a) of this section, a party seeking an award must be one of the following: (1) An individual with a net worth of not more than $2 million; (2) The sole owner of an unincorporated business who has a net worth of not more than $7 million, including both personal and business interests, and not more than 500 employees; (3) A charitable or other tax-exempt organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500 employees; (4) A cooperative association as defined in section 15(a) of the Agricultural Marketing Act (2 U.S.C. 1141j(a)) with not more than 500 employees; (5) Any other partnership, corporation, association, unit of local government, or organization with a net worth of not more than $7 million and nor more than 500 employees; (6) For purp

official document · source cfr-2024 · id 7:§ 1.184