[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: 5CFR2430.3]

[Page 427]
 
                    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. 2430.3  Standards for awards.

    (a) An eligible applicant may receive an award for fees and expenses 
incurred in connection with a proceeding, or in a significant and 
discrete portion of the proceeding, unless the position of the General 
Counsel over which the applicant has prevailed was substantially 
justified. The burden of proof that an award should not be made to an 
eligible applicant is on the General Counsel, who may avoid an award by 
showing that its position in initiating the proceeding 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.