When an applicant is entitled to an award because it prevails over an agency of the United States that participates in a proceeding before the Board and takes a position that is not substantially justified, the award shall be made against that agency.
authority: Section 203(a)(1) Pub. L. 99-80, 99 Stat. 186 (
5 U.S.C. 504)
source: 46 FR 48209, Oct. 1, 1981, unless otherwise noted.
cite as: 49 CFR 826.8