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Federal regulations · Through 2026-08-25 · Newer source version available

14 CFR 1262.306: Further proceedings.

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Where this section sits in the code
  1. Title 14—Aeronautics and Space
  2. CHAPTER V—NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
  3. PART 1262—EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS
  4. Subpart 1262.3—Procedures for Considering Applications

(a) Ordinarily, the determination of an award will be made on the basis of the written record. However, on request of either the applicant or agency counsel, or on his or her own initiative, the adjudicative officer may order further proceedings, such as an informal conference, oral argument, additional written submissions, or, as to issues other than substantial justification (such as the applicant's eligibility or substantiation of fees and expenses), pertinent discovery or an evidentiary hearing. Such further proceedings shall be held only when necessary for full and fair resolution of the issues arising from the application, and shall be conducted as promptly as possible.

(b) A request that the adjudicative officer order further proceedings under this section shall specifically identify the information sought or the disputed issues and shall explain why the additional proceedings are necessary to resolve the issues.

Collected 2026-08-27T02:24:20Z. Source file · JSON

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