12 C.F.R. § 308.174 Standards for awards.
Title 12 - Banks and Banking
(a) For applications filed pursuant to 5 U.S.C. 504(a)(1), a prevailing applicant may receive an award for fees and expenses unless the position of the FDIC during the proceeding was substantially justified or special circumstances make the award unjust. An award will be reduced or denied if the applicant has unduly or unreasonably protracted the proceedings. Awards for fees and expenses incurred before the date on which the adversary adjudication was initiated are allowable if their incurrence was necessary to prepare for the proceeding. (b) For applications filed pursuant to 5 U.S.C. 504(a)(4), an applicant may receive an award unless the demand by the FDIC was reasonable when compared with the decision of the administrative law judge, the applicant has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. [64 FR 62102, Nov. 16, 1999]
Title 12: Banks and Banking
PART 308—RULES OF PRACTICE AND PROCEDURE
Subpart P—Rules and Procedures Relating to the Recovery of Attorney Fees and Other Expenses
§ 308.174 Standards for awards.
