29 C.F.R. 29 CFR--PART 2704
Title 29 - Labor
Effective Date(s): October 3, 2006 28. Section 2704.105 is amended by revising paragraph (b) introductory text to read as follows: * * * * * (b) If the demand of the Secretary is substantially in excess of the decision of the Commission and is unreasonable when compared with such decision, under the facts and circumstances of the case, the Commission shall award to an eligible applicant who does not prevail the fees and expenses related to defending against the excessive demand, unless the applicant has committed a willful violation of law or otherwise acted in bad faith or special circumstances make an award unjust. The burden of proof is on the applicant to establish that the Secretary's demand is substantially in excess of the Commission's decision; the Secretary may avoid an award by establishing that the demand is not unreasonable when compared to that decision. As used in this section, “demand” means the express demand of the Secretary which led to the adversary adjudication, but does not include a recitation by the Secretary of the maximum statutory penalty— * * * * *
Amendment from August 04, 2006
29 CFR--PART 2704
Amendment(s) published August 4, 2006, in 71 FR 44210
§ 2704.105 Standards for awards.
