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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) The determination whether an applicant is a prevailing party shall be made on a case-by-case basis.
(b) A prevailing applicant may receive an award for fees and expenses incurred in connection with an adversary adjudication, or in a significant and discrete substantive portion of the adversary adjudication, unless the position of the Commission investigative attorney was substantially justified. The burden of proof that an award should not be made to an eligible prevailing applicant is on the Commission investigative attorney. An award may be avoided by showing that the position of the Commission was reasonable in law and fact.
(c) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the adversary adjudication or if special circumstances make the award sought unjust. The burden of proof that an award should be reduced or denied for either of these reasons is on the Commission investigative attorney.
Cite this article: FindLaw.com - Code of Federal Regulations Title 19. Customs Duties § 19.212.05 Standards for awards - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-19-customs-duties/cfr-sect-19-212-05/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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