Federal Aviation Administration, DOT

Section 14.03
of not more than $7 million, including
both personal and business interests,
and not more than 500 employees at the
time the adversary adjudication was
initiated;
(3) A charitable or other tax-exempt
organization
described
in
section
501(c)(3) of the Internal Revenue Code
(26 U.S.C. 501(c)(3)) with not more than
500 employees at the time the adversary adjudication was initiated; and
(4) A cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a))
with not more than 500 employees at
the time the adversary adjudication
was initiated; and
(5) Any other partnership, corporation, association, or public or private
organization with a net worth of not
more than $7 million and not more
than 500 employees at the time the adversary adjudication was initiated.
(c) For the purpose of eligibility, the
net worth and number of employees of
an applicant shall be determined as of
the date the proceeding was initiated.
(d) An applicant who owns an unincorporated business will be considered
an  - individual -  rather than a  - sole
owner of an unincorporated business - 
if the issues on which the applicant
prevails are related primarily to personal interests rather than to business
interest.
(e) The employees of an applicant include all persons who regularly perform services for remuneration for the
applicant, under the applicant-s direction and control. Part-time employees
shall be included on a proportional
basis.
(f) The net worth and number of employees of the applicant and all of its
affiliates shall be aggregated to determine eligibility. Any individual, corporation, or other entity that directly
or indirectly controls or owns a majority of the voting shares or other interest of the applicant, or any corporation
or other entity of which the applicant
directly or indirectly owns or controls
a majority of the voting shares or
other interest, will be considered an affiliate for purposes of this part, unless
the ALJ or adjudicative officer determines that such treatment would be
unjust and contrary to the purposes of

prevails over the FAA, unless the agency-s position in the proceeding was substantially justified or special circumstances make an award unjust. The
rules in this part describe the parties
eligible for awards and the proceedings
that are covered. They also explain
how to apply for awards, and the procedures and standards that the FAA Decisionmaker will use to make them. As
used hereinafter, the term  - agency - 
applies to the FAA.
Section 14.02 Proceedings covered.
(a) The Act applies to certain adversary adjudications conducted by the
FAA under 49 CFR part 17 and the Acquisition Management System (AMS).
These are adjudications under 5 U.S.C.
554, in which the position of the FAA is
represented by an attorney or other
representative who enters an appearance and participates in the proceeding. This subpart applies to proceedings under 49 U.S.C. 46301, 46302,
and 46303 and to the Default Adjudicative Process under part 17 of this chapter and the AMS.
(b) If a proceeding includes both matters covered by the Act and matters
specifically excluded from coverage,
any award made will include only fees
and expenses related to covered issues.
(c) Fees and other expenses may not
be awarded to a party for any portion
of the adversary adjudication in which
such party has unreasonably protracted the proceedings.

spaschal on DSK3GDR082PROD with CFR

[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14-03, 64 FR 32935, June 18, 1999]

Section 14.03 Eligibility of applicants.
(a) To be eligible for an award of attorney fees and other expenses under
the Act, the applicant must be a party
to the adversary adjudication for which
it seeks an award. The term  - party -  is
defined in 5 U.S.C. 504(b)(1)(B) and 5
U.S.C. 551(3). The applicant must show
that it meets all conditions or eligibility set out in this subpart.
(b) The types of eligible applicants
are as follows:
(1) An individual with a net worth of
not more than $2 million at the time
the adversary adjudication was initiated;
(2) The sole owner of an unincorporated business who has a net worth

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