(a) An application may be filed whenever the applicant has prevailed in the proceeding
or in a significant and discrete substantive portion of the proceeding, but in no
case later than 30 days after the Postal Service's final disposition of the proceeding.
(b) If review or reconsideration is sought or taken of a decision as to which an applicant
believes it has prevailed, proceedings for the award of fees shall be stayed pending
final disposition of the underlying controversy.
(c) For purposes of this rule, final disposition means the later of
(1) the date on which an initial decision or other recommended disposition of the merits
of the proceeding by an adjudicative officer or intermediate review board becomes
(2) Issuance of an order disposing of any petitions for reconsideration of the Postal
Service's final order in the proceeding;
(3) If no petition for reconsideration is filed, the last date on which such a petition
could have been filed;
(4) Issuance of a final order or any other final resolution of a proceeding, such as
a settlement or voluntary dismissal, which is not subject to a petition for reconsideration;
(5) In proceedings under 39 U.S.C. 3005, on the date that an Administrative Law Judge enters an order indefinitely suspending
further proceedings on the basis of a compromise agreement entered into between the
(6) In proceedings before the Board of Contract Appeals, the Board of Contract Appeals
decision on quantum. When the Board decides only entitlement and remands the issue of quantum to the
parties, the final disposition occurs when the parties execute an agreement on quantum,
or if the parties cannot agree on quantum and resubmit the quantum dispute to the
Board, when the Board issues a decision on quantum.
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.