(a) Time to file. An application and any other pleading or document
related to the application may be filed with the Board whenever the
applicant has prevailed in the proceeding within 30 days after service
of the final order of the Board disposing of the proceeding.
8-092.5
(b) Contents. An application for an
award of fees and expenses under this subpart shall contain—
(1) The name of the applicant and an identification
of the proceeding;
(2)
A showing that the applicant has prevailed, and an identification
of the way in which the applicant believes that the position of the
Board in the proceeding was not substantially justified;
(3) If the applicant is not
an individual, a statement of the number of its employees on the date
the proceeding was initiated;
(4) A description of any affiliated individuals
or entities, as defined in section 263.103(c)(5), or a statement that
none exist;
(5) A declaration
that the applicant, together with any affiliates, had a net worth
not more than the maximum set forth in section 263.103(b) as of the
date the proceeding was intitiated, supported by a networth statement
conforming to the requirements of Section 263.105;
(6) A statement of the amount of fees and
expenses for which an award is sought conforming to section 263.107;
and
(7) Any other matters
that the applicant wishes the Board to consider in determining whether
and in what amount an award should be made.
8-092.6
(c) Verification. The application
shall be signed by the applicant or an authorized officer of or attorney
for the applicant. It shall also contain or be accompanied by a written
verification under oath or under penalty of perjury that the information
provided in the application and supporting documents is true and correct.
8-092.7
(d) Service. The application
and related documents shall be served on all parties to the adversary
proceeding in accordance with section 263.11, except that statements
of net worth shall be served only on counsel for the Board.
(e) Presiding officer. Upon
receipt of an application, the Board shall, if feasible, refer the
matter to the administrative law judge who heard the underlying adversary
proceeding.
