10 CFR § 12.103 - Proceedings covered.

---
identifier: "/us/cfr/t10/s12.103"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "10 CFR § 12.103 - Proceedings covered."
title_number: 10
title_name: "Energy"
section_number: "12.103"
section_name: "Proceedings covered."
chapter_name: "NUCLEAR REGULATORY COMMISSION"
part_number: "12"
part_name: "IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 504(c)(1)."
regulatory_source: "59 FR 23121, May 5, 1994, unless otherwise noted."
cfr_part: "12"
---


# 12.103 Proceedings covered.

(a) The EAJA applies to the following proceedings:

(1) Hearings under the Administrative False Claims Act (31 U.S.C. 3801-12);

(2) Any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607); and

(3) Adversary adjudications conducted by the Commission pursuant to any other statutory provision that requires a proceeding before the Nuclear Regulatory Commission to be so conducted as to fall within the meaning of “adversary adjudication” under 5 U.S.C. 504(b)(1)(C).

(b) The Commission's failure to identify a type of proceeding as an adversary adjudication shall not preclude the filing of an application by a party who believes the proceeding is covered by the EAJA. Whether the proceeding is covered will then be an issue for resolution in proceedings on the application.

(c) If a proceeding includes both matters covered by the EAJA and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues.

[59 FR 23121, May 5, 1994, as amended at 90 FR 33266, July 17, 2025]