C.F.R. » Title 17 » CHAPTER II—SECURITIES AND EXCHANGE COMMISSION › PART 201—RULES OF PRACTICE › Subpart B—Regulations Pertaining to the Equal Access to Justice Act

17 C.F.R. § 201.44

When an application may be filed

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(a) An application may be filed whenever the applicant has prevailed in the proceeding or in a significant and discrete substantive portion of the proceeding, but in no case later than 30 days after the Commission's final disposition of the proceeding.

(b) For purposes of this rule, final disposition means the date on which a decision or order disposing of the merits of the proceeding or any other complete resolution of the proceeding, such as a settlement or voluntary dismissal, becomes final and unappealable, both within the Commission and to the courts.

(c) If review or reconsideration is sought or taken of a decision as to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy.

[47 FR 610, Jan. 6, 1982, as amended at 54 FR 53052, Dec. 27, 1989]
Notes of Decisions
Cited in 3 cases, 2002–2003 · leading case: Adams v. Sec. & Exch. Comm'n, 287 F.3d 183 (D.C. Cir. 2002).
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Adams v. Sec. & Exch. Comm'n, 287 F.3d 183 (D.C. Cir. 2002). · cites it 4× “The Commission reasoned that although its EAJA regulations define “final” to mean “final and unappealable,” 17 C.F.R. § 201.44 (b), because Adams was not aggrieved by the order of dismissal in his favor, the order was “unappealable” at its issuance; hence, there was no basis on…”
Scafar Contracting, Inc. v. Sec'y of Labor Occupational Saf. & Health Review Comm'n, 325 F.3d 422 (3rd Cir. 2003). “” 17 C.F.R. § 201.44 . The Secretary argues that this distinction helps her case, but it does not.”
Scafar Contracting v. Sec'y Labor (3rd Cir. 2003). “” 17 C.F.R. § 201.44 . The Secretary argues that this distinction helps her case, but it does not.”
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