If an applicant is entitled to an award because it prevails over another agency of the United States that participates in an adjudicatory proceeding before the Commission and takes a postion that is not substantially justified, the award or an appropriate portion of the award shall be made against that agency.
authority: Equal Access to Justice Act,
5 U.S.C. 504(c)(1) and secs. 2(a)(11) and 8a(5) of the Commodity Exchange Act,
7 U.S.C. 4a(j) and 12a(5), unless otherwise noted
source: 46 FR 57671, Nov. 25, 1981, unless otherwise noted.
cite as: 17 CFR 148.8