5 CFR § 2610.109 - Awards against other agencies.

---
identifier: "/us/cfr/t5/s2610.109"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "5 CFR § 2610.109 - Awards against other agencies."
title_number: 5
title_name: "Administrative Personnel"
section_number: "2610.109"
section_name: "Awards against other agencies."
chapter_name: "OFFICE OF GOVERNMENT ETHICS"
subchapter_number: "A"
subchapter_name: "ORGANIZATION AND PROCEDURES"
part_number: "2610"
part_name: "IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 504(c)(1); 5 U.S.C. App. (Ethics in Government Act of 1978)."
regulatory_source: "57 FR 33268, July 28, 1992, unless otherwise noted."
cfr_part: "2610"
---


# 2610.109 Awards against other agencies.

If an applicant is entitled to an award because it prevails over another agency of the United States that participates in a proceeding before the Office of Government Ethics and takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency.