[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: 5CFR2430.6]
[Page 427-428]
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. 2430.6 Contents of application; net worth exhibit; documentation of fees and expenses.
(a) An application for an award of fees and expenses under the Act
shall identify the applicant and the proceeding for which an award is
sought. The application shall state the particulars in which the
applicant has prevailed and identify the positions of the General
Counsel in the proceeding that the applicant alleges were not
substantially justified. The application shall also state the number of
employees of the applicant and describe briefly the type and purpose of
its organization or business.
(b) The application shall include a statement that the applicant's
net worth does not exceed $5 million.
(c) The application shall state the amount of fees and expenses for
which an award is sought.
(d) The application may also include any other matters that the
applicant wishes the Authority to consider in determining whether and in
what amount an award should be made.
(e) The application shall be signed by the applicant or an
authorized officer or attorney of the applicant. It shall also contain
or be accompanied by a written verification under oath or
[[Page 428]]
under penalty of perjury that the information provided in the
application is true.
(f) Each applicant must provide with its application a detailed
exhibit showing the net worth of the applicant when the proceeding was
initiated. The exhibit may be in any form convenient to the applicant
that provides full disclosure of the applicant's assets and liabilities
and is sufficient to determine whether the applicant qualifies under the
standards in this part. The Administrative Law Judge may require an
applicant to file additional information to determine its eligibility
for an award.
(g) The application shall be accompanied by full documentation of
the fees and expenses for which an award is sought. A separate itemized
statement shall be submitted for each professional firm or individual
whose services are covered by the application, showing the hours spent
in connection with the proceeding by each individual, the rate at which
each fee has been computed, any expenses for which reimbursement is
sought, the total amount claimed, and the total amount paid or payable
by the applicant or by any other person or entity for the services
provided. The Administrative Law Judge may require the applicant to
provide vouchers, receipts, or other substantiation for any expenses
claimed.