(a) Within 30 days after service of an application, counsel representing the agency against
which an award is sought may file an answer to the application. Unless agency counsel requests an extension of time for filing or files a statement
of intent to negotiate under paragraph (b) of this section, failure to file an answer
within the 30 day period may be treated as a consent to the award requested.
(b) If agency counsel and the applicant believe that the issues in the fee application
can be settled, they may jointly file a statement of their intent to negotiate a settlement. The filing of this statement shall extend the time for filing an answer for an additional
30 days, and further extensions may be granted by the adjudicative officer upon request
by agency counsel and the applicant.
(c) The answer shall explain in detail any objections to the award requested and identify
the facts relied on in support of agency counsel's position. If the answer is based on any alleged facts not already in the record of the proceeding,
agency counsel shall include with the answer either supporting affidavits or a request
for further proceedings under § 16.304.
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.
Was this helpful?
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.