CFR > Title 34 - Education > SUBTITLE A—Office of the Secretary, Department of Education > PART 21—EQUAL ACCESS TO JUSTICE > SUBPART F—How Are Awards Determined? (§21.50 to §21.56) > 21.51—Initial decision in applications not subject to the CRRA.

21.51—Initial decision in applications not subject to the CRRA.

(a) In applications not subject to the jurisdiction of the CRRA, the adjudicative officer shall issue an initial decision on an application within 30 days after completion of proceedings on the application.
(b) The initial decision must include the following:
(1) Written findings, including sufficient supporting explanation, on—
(i) The applicant's status as a prevailing party;
(ii) The applicant's eligibility;
(iii) Whether the position of the Department was substantially justified;
(iv) Whether special circumstances make an award unjust;
(v) If applicable, whether the applicant engaged in conduct that unduly or unreasonably protracted the adversary adjudication; and
(vi) Other factual issues raised in the adversary adjudication.
(2) A statement of the amount awarded, including an explanation—with supporting information—for any difference between the amount requested by the applicant and the amount awarded.
(3) A statement of the applicant's right to request review by the Secretary under § 21.54.
(4) A statement of the applicant's right under § 21.56 to seek judicial review of the final award determination.
(c) The explanation referred to in paragraph (b)(2) of this section may include—
(1) Whether the amount requested was reasonable; and
(2) The extent to which the applicant unduly or unreasonably protracted the adversary adjudication.

Code of Federal Regulations

(Authority: 5 U.S.C. 504 (a)(3) and (c))