28 CFR § 24.306 - Decision on application.

---
identifier: "/us/cfr/t28/s24.306"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "28 CFR § 24.306 - Decision on application."
title_number: 28
title_name: "Judicial Administration"
section_number: "24.306"
section_name: "Decision on application."
chapter_name: "DEPARTMENT OF JUSTICE"
part_number: "24"
part_name: "IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN DEPARTMENT OF JUSTICE ADMINISTRATIVE PROCEEDINGS"
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)."
regulatory_source: "Order No. 975-82, 47 FR 15776, Apr. 13, 1982, unless otherwise noted."
cfr_part: "24"
---


# 24.306 Decision on application.

The adjudicative officer shall promptly issue a decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision:

(a) The applicant's status as a prevailing party;

(b) The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B);

(c) Whether the Department's position as a party to the proceeding was substantially justified;

(d) Whether special circumstances make an award unjust;

(e) Whether the applicant during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and

(f) The amounts, if any, awarded for fees and other expenses, with reasons for any difference between the amount requested and the amount awarded.