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Title 22 Part 134 → Subpart A → §134.5

Title 22 → Chapter I → Subchapter N → Part 134 → Subpart A → §134.5

Electronic Code of Federal Regulations e-CFR

Title 22 Part 134 → Subpart A → §134.5

e-CFR data is current as of October 17, 2019

Title 22Chapter ISubchapter NPart 134Subpart A → §134.5


Title 22: Foreign Relations
PART 134—EQUAL ACCESS TO JUSTICE ACT; IMPLEMENTATION
Subpart A—General Provisions


§134.5   Standard for awards.

(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 agency over which the applicant has prevailed was substantially justified. The burden of proof that an award should not be made to an eligible prevailing applicant is on the Department of State which may avoid an award by showing that its position was reasonable in law and fact.

(b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding or if special circumstances make the award sought unjust.


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