6.8—Contents of application.
(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
show that the applicant has prevailed and identify the position of the agency in the
proceeding that the applicant alleges was not substantially justified. The
application shall state the basis for the applicant's belief that the position was
not substantially justified. Unless the applicant is an individual, 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 also include a statement that the applicant's net worth
does not exceed $1 million (if an individual) or $5 million (for all other
applicants, including their affiliates). However, an applicant may omit this
statement if:
(1)
It attaches a copy of a ruling by the Internal Revenue Service that it
qualifies as an organization described in section 501(c)(3) of the Internal Revenue
Code (26 U.S.C. 501(c)(3)) or, in the case of a tax-exempt organization not required to obtain a ruling from the Internal Revenue Service on its
exempt status, a statement that describes the basis for the applicant's belief that
it qualifies under such section; or
(2)
It states that it is a cooperative association as defined in section 15(a) of
the Agricultural Marketing Act (12 U.S.C. 1141j(a) ).
(d)
The application may also include any other matters that the applicant wishes
the agency 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 with
respect to the eligibility of the applicant and by the attorney of the applicant
with respect to fees and expenses sought. It shall also contain or be accompanied by
a written verification under oath or under penalty of perjury that the information
provided in the application is true and correct.
(Approved by the Office of Management and Budget under control number
1512-0444, for applications filed with the Bureau of Alcohol, Tobacco and
Firearms)