14 CFR §1262.204
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (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 Agency'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 latter of:
- (1)The date on which the last “initial decision”, in a bifurcated proceeding, or other recommended disposition of the merits (both as to liability and amount, if applicable) of the proceeding, by an adjudicative officer or intermediate reviewer, becomes administratively final;
- (2)The date on which an order is issued disposing of any petitions for reconsideration;
- (3)If no petition for reconsideration is filed, the last date on which such a petition could have been filed; or
- (4)The date of a final order or any other final resolution of the proceeding, such as a settlement or a voluntary dismissal, which is not subject to a petition for reconsideration.