[Code of Federal Regulations]
[Title 5, Volume 3, Parts 1200 to end]
[Revised as of January 1, 1999]
From the U.S. Government Printing Office via GPO Access
[CITE: 5CFR2430.12]

[Page 429-430]
 
                    TITLE 5--ADMINISTRATIVE PERSONNEL
 
 CHAPTER XIV--FEDERAL LABOR RELATIONS AUTHORITY, GENERAL COUNSEL OF THE 
  FEDERAL LABOR RELATIONS AUTHORITY AND FEDERAL SERVICE IMPASSES PANEL
 
PART 2430--AWARDS OF ATTORNEY FEES AND OTHER EXPENSES--Table of Contents
 
Sec. 2430.12  Administrative Law Judge's decision; contents; service; transfer of case to the Authority; contents of record in case.

    (a) Upon conclusion of proceedings under Secs. 2430.6 to 2430.11, 
the Administrative Law Judge shall prepare a decision. The decision 
shall include written findings and conclusions on the applicant's status 
as a prevailing party and eligibility, and an explanation of the reasons 
for any difference between the amount requested and the amount awarded. 
The decision shall also include, if at issue, findings on whether the 
agency's position was substantially justified, whether the applicant 
unduly protracted the proceedings, or whether special circumstances make 
an award unjust. The Administrative Law Judge shall cause the decision 
to be served promptly on all parties to the proceeding. Thereafter, the 
Administrative Law Judge shall transmit the case to the Authority, 
including the judge's decision and the record. Service of the 
Administrative Law Judge's decision and of the order transferring the 
case to the Board shall be complete upon mailing.
    (b) The record in a proceeding on an application for an award of 
fees and expenses shall consist of the application for an award of fees 
and expenses and

[[Page 430]]

any amendments or attachments thereto, the net worth exhibit, the answer 
and any amendments or attachments thereto, any reply to the answer, any 
comments by other parties, motions, rulings, orders, stipulations, 
written submissions, the stenographic transcript of oral argument, the 
stenographic transcript of the hearing, exhibits and depositions, 
together with the Administrative Law Judge's decision, and the 
exceptions and briefs as provided in Sec. 2430.13, and the record of the 
unfair labor practice proceeding upon which the application is based.