29 CFR §16.108

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗

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 Department of Labor and the other agency takes a position that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency by the adjudicative officer for the Department of Labor.