(a) The administrative law judge shall file with the Board a recommended
decision on the fee application not later than 30 days after the submission
of all pleadings and evidentiary material concerning the application. The
recommended decision shall include written proposed findings and conclusions
on the applicant’s eligibility and its status as a prevailing party and, if
applicable, an explanation of the reasons for any difference between the
amount requested and the amount of the recommended award. The recommended
decision shall also include, if at issue, proposed findings as to whether the
Board’s position was substantially justified, whether the applicant unduly
protracted the proceedings, or whether special circumstances make an award
unjust. The administrative law judge shall file the record of the proceeding
on the fee application upon the filing of the recommended decision and, at
the same time, serve upon each party a copy of the recommended decision,
findings, conclusions, and proposed order.
