Section 14.12

14 CFR Ch. I (1-1-19 Edition)
(1) Under part 17 of this chapter and
the AMS, the date on which the order
of the Administrator is served;
(2) The date on which an unappealed
initial decision becomes administratively final;
(3) Issuance of an order disposing of
any petitions for reconsideration of the
FAA Decisionmaker-s final order in the
proceeding;
(4) If no petition for reconsideration
is filed, the last date on which such a
petition could have been filed; or
(5) Issuance of a final order or any
other final resolution of a proceeding,
such as a settlement or voluntary dismissal, which is not subject to a petition for reconsideration.

(3) If the ALJ or adjudicative officer
finds that the net worth exhibit, or any
part of it, should not be withheld from
disclosure, it shall be placed in the
public record of the proceeding. Otherwise, any request to inspect or copy
the exhibit shall be disposed of in accordance with the FAA-s established
procedures.
[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14-03, 64 FR 32935, June 18, 1999]

Section 14.12 Documentation of fees and expenses.
The application shall be accompanied
by full documentation of the fees and
expenses, including the cost of any
study, analysis, engineering report,
test, project or similar matter, for
which an award is sought. A separate
itemized statement shall be submitted
for each professional firm or individual
whose services are covered by the application, showing the hours spent in
connection with the proceedings by
each individual, a description of the
specific services performed, the rate at
which each fee has been computed, 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 for the services provided. The
administrative law judge may require
the applicant to provide vouchers, receipts, or other substantiation for any
expenses claimed.

[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14-03, 64 FR 32936, June 18, 1999]

Section 14.21 Filing
ments.

service

Section 14.22

Answer to application.

(a) Within 30 days after service of an
application, counsel representing the
agency against which an award is
sought may file an answer to the application. Unless agency counsel requests
an extension of time for filing or files
a statement of intent to negotiate
under paragraph (b) of the section, failure to file an answer within the 30-day
period may be treated as a consent to
the award requested.
(b) If the FAA-s counsel and the applicant believe that the issues in the
fee application can be settled, they
may jointly file a statement of their
intent to negotiate a settlement. The
filing of this statement shall extend

(a) An application may be filed whenever the applicant has prevailed in the
proceeding, but in no case later than 30
days after the FAA Decisionmaker-s
final disposition of the proceeding, or
service of the order of the Administrator in a proceeding under the AMS.
(b) If review or reconsideration is
sought or taken of a decision to which
an applicant believes it has prevailed,
proceedings for the award of fees shall
be stayed pending final disposition of
the underlying controversy.
(c) For purposes of this part, final
disposition means the later of:

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[Doc. No. FAA-1998-4379, 64 FR 32936, June 18,
1999]

Section 14.20 When an application may be
filed.

VerDate Sep<11>2014

of

Any application for an award or
other pleading or document related to
an application shall be filed and served
on all parties to the proceeding in the
same manner as other pleadings in the
proceeding, except as provided in
Section 14.11(b) for confidential financial information. Where the proceeding was
held under part 17 of this chapter and
the AMS, the application shall be filed
with the FAA-s attorney and with the
Office of Dispute Resolution for Acquisition.

Subpart C - Procedures for
Considering Applications

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