{"data":{"id":"us/10-cfr-12.103","jurisdiction":"us","citation":"10 CFR 12.103","heading":"Proceedings covered.","body":"(a) The EAJA applies to the following proceedings:\n(1) Hearings under the Administrative False Claims Act (31 U.S.C. 3801-12);\n(2) Any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607); and\n(3) Adversary adjudications conducted by the Commission pursuant to any other statutory provision that requires a proceeding before the Nuclear Regulatory Commission to be so conducted as to fall within the meaning of “adversary adjudication” under 5 U.S.C. 504(b)(1)(C).\n(b) The Commission's failure to identify a type of proceeding as an adversary adjudication shall not preclude the filing of an application by a party who believes the proceeding is covered by the EAJA. Whether the proceeding is covered will then be an issue for resolution in proceedings on the application.\n(c) If a proceeding includes both matters covered by the EAJA and matters specifically excluded from coverage, any award made will include only fees and expenses related to covered issues.","path":["Title 10—Energy","CHAPTER I—NUCLEAR REGULATORY COMMISSION","PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS","Subpart A—General Provisions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-10.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:24:09Z","sha256":"1b25c455b4c9beb76b0640e95491cc01e5f758e2ef98725089a47ac15a7a5d40","source_id":"us-cfr","stale":true,"prev":"us/10-cfr-12.102","next":"us/10-cfr-12.104"},"notice":"GroundRules: Original legal text. Not legal advice."}
