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(a) In order to be considered for an award under this part, an applicant may file its application when it prevails in an adversary adjudication—or in a significant and discrete substantive portion of an adversary adjudication—but no later than 30 days after the Department's final disposition of the adversary adjudication.
(b) In the case of a review or reconsideration of a decision in which an applicant has prevailed or believes it has prevailed, the adjudicative officer shall stay the proceedings on the application pending final disposition of the underlying issue.
(c) For purposes of this part, final disposition of the adversary adjudication means the latest of—
(1) The date on which an initial decision or other recommended disposition of the merits of the proceeding by an adjudicative officer becomes administratively final;
(2) The date of an order disposing of any petitions for reconsideration of the final order in the adversary adjudication;
(3) If no petition for reconsideration is filed, the last date on which that type of petition could have been filed; or
(4) The date of a final order or any other final resolution of a proceeding—such as a settlement or voluntary dismissal—that is not subject to a petition for reconsideration.
(Authority: 5 U.S.C. 504 (a)(2) and (c)(1))
Cite this article: FindLaw.com - Code of Federal Regulations Title 34. Education § 34.21.30 Time for filing application - last updated October 03, 2022 | https://codes.findlaw.com/cfr/title-34-education/cfr-sect-34-21-30/
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