12 C.F.R. Subpart B—Information Required from Applicants
Title 12 - Banks and Banking
(a) An application for award of fees and other expenses under either §1705.4(a) and §1705.4(b) shall: (1) Identify the applicant and the adversary adjudication for which an award is sought; (2) State the amount of fees and other expenses for which an award is sought; (3) Provide the statements and documentation required by paragraph (b) or (c) of this section and §1705.12 and any additional information required by the adjudicative officer; and (4) Be signed by the applicant or an authorized officer or attorney of the applicant and contain or be accompanied by a written verification under oath or under penalty of perjury that the information provided in the application is true and correct. (b) An application for award under §1705.4(a) shall show that the demand of OFHEO was substantially in excess of, and was unreasonable when compared to, the decision in the underlying adversary adjudication under the facts and circumstances of the case. It shall also show that the applicant is a small entity as defined in 5 U.S.C. 601. (c) An application for award under §1705.4(b) shall: (1) Show that the applicant has prevailed in a significant and discrete substantive portion of the underlying adversary adjudication and identify the position of OFHEO in the adversary adjudication that the applicant alleges was not substantially justified; (2) State the number of employees of the applicant and describe briefly the type and purposes of its organization or business (if the applicant is not an individual); (3) State that the net worth of the applicant does not exceed $2 million, if the applicant is an individual; or for all other applicants, state that the net worth of the applicant and its affiliates, if any, does not exceed $7 million; and (4) Include one of the following: (i) A detailed exhibit showing the net worth (net worth exhibit) of the applicant and its affiliates, if any, when the underlying adversary adjudication was initiated. The net worth exhibit may be in any form convenient to the applicant as long as the net worth exhibit provides full disclosure of the assets and liabilities of the applicant and its affiliates, if any, and is sufficient to determine whether the applicant qualifies as an eligible party; (ii) A copy of a ruling by the Internal Revenue Service that shows that the applicant qualifies as an organization described in section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. 501(c)(3); or in the case of a tax-exempt organization not required to obtain a ruling from the Internal Revenue Service on its exempt status, a statement that describes the basis for the belief that the applicant qualifies under such section; or (iii) A statement that the applicant is a cooperative association as defined in section 15(a) of the Agricultural Marketing Act, 12 U.S.C. 1141j(a). [65 FR 26732, May 9, 2000. Redesignated and amended at 65 FR 81328, Dec. 26, 2000] (a) The net worth exhibit described in §1705.10(c)(4)(i) shall be included in the public record of the proceeding for the award of fees and other expenses, except if confidential treatment is requested and granted as provided in paragraph (b) of this section. (b)(1) The applicant may request confidential treatment of the information in the net worth exhibit by filing a motion directly with the adjudicative officer in a sealed envelope labeled “Confidential Financial Information.” If the adjudicative officer finds that the information should be withheld from public disclosure, any request to inspect or copy the information by another party or the public shall be resolved in accordance with the Freedom of Information Act, 5 U.S.C. 552b, and the Releasing Information regulation at 12 CFR part 1710. (2) The motion shall: (i) Include a copy of the portion of the net worth exhibit sought to be withheld; (ii) Describe the information sought to be withheld; and (iii) Explain why the information is exempt from disclosure under the Freedom of Information Act and why public disclosure of the information would adversely affect the applicant and is not in the public's interest. (iv) Be served on agency counsel but need not be served on any other party to the proceeding. [65 FR 26732, May 9, 2000. Redesignated and amended at 65 FR 81328, Dec. 26, 2000] (a) The application for award shall be accompanied by full and itemized documentation of the fees and other expenses for which an award is sought. The adjudicative officer may require the applicant to provide vouchers, receipts, logs, or other documentation for any fees or expenses claimed. (b) A separate itemized statement shall be submitted for each entity or individual whose services are covered by the application. Each itemized statement shall include: (1) The hours spent by each entity or individual; (2) A description of the specific services performed and the rates at which each fee has been computed; and (3) Any expenses for which reimbursement is sought, the total amount claimed, and the total amount paid or payable by the applicant or by any other person or entity.
Title 12: Banks and Banking
PART 1705—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT
Subpart B—Information Required from Applicants
§ 1705.10 Contents of the application for award.
§ 1705.11 Request for confidentiality of net worth exhibit.
§ 1705.12 Documentation of fees and expenses.
§§ 1705.13-1705.19 [Reserved]
