[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: 5CFR2430.7]
[Page 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. 2430.7 When an application may be filed; referral to Administrative Law Judge; stay of proceeding.
(a) An application may be filed after entry of the final order
establishing that the applicant has prevailed in the proceeding, or in a
significant and discrete substantive portion of the proceeding, but in
no case later than thirty (30) days after the entry of the Authority's
final order in the proceeding. The application for an award shall be
filed with the Authority in Washington, DC, in an original and four
copies, and served on all parties to the unfair labor practice
proceeding. Service of the application shall be in the same manner as
prescribed in Secs. 2429.22 and 2429.27. Upon filing, the application
shall be referred by the Authority to the Administrative Law Judge who
heard the proceeding upon which the application is based, or, in the
event the proceeding had not previously been heard by an Administrative
Law Judge, it shall be referred to the Chief Administrative Law Judge
for designation of an Administrative Law Judge, to consider the
application. When the Administrative Law Judge to whom the application
has been referred is or becomes unavailable, the provisions of
Sec. 2423.20 shall be applicable.
(b) Proceedings for the award of fees and other expenses, but not
the time limit of this section for filing an application for an award,
shall be stayed pending final disposition of the case, in the event any
persons seeks Authority reconsideration or court review of the Authority
decision that forms the basis for the application for fees and expenses.