Implementation of the Equal Acess to Justice Act in Agency Proceedings

The Commission has amended its rules implementing the Equal Access to Justice Act to conform to and carry out the intent of recent amendments of that Act to permit recovery, in conjunction with adversary adjudications commenced on or after March 29, 1996, of attorney fees, not exceeding $125.00 per hour, and other expenses. In addition, such an award is permitted when the demand of the Commission for relief is substantially in excess of the decision in an adversary adjudication and is unreasonable when compared with such decision, under the facts and circumstances of the case, unless the party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. Finally, a small entity as defined in 5 U.S.C. 601 is declared to be an eligible party for such relief.