C.F.R. » Title 29 » CHAPTER XX—OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION › PART 2204—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN PROCEEDINGS BEFORE THE OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION › Subpart C—EAJA Application

29 C.F.R. § 2204.302

Net worth exhibit

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(a) Each applicant except a qualified tax-exempt organization, cooperative association, or, in the case of an application for an award related to an allegedly excessive demand by the Secretary, a small entity as that term is defined by 5 U.S.C. 601(6), shall provide with its application a detailed exhibit showing the net worth of the applicant as required by § 2204.301(c) when the proceeding was initiated. The exhibit may be in any form convenient to the applicant that provides full disclosure of the applicant's assets and liabilities and is sufficient to determine whether the applicant qualifies as a party as defined in § 2204.201. The judge or Commission may require an applicant to file additional information to determine its eligibility for an award.

(b) Ordinarily, the net worth exhibit will be included in the public record of the proceeding. However, an applicant that objects to public disclosure of information in any portion of the exhibit and believes there are legal grounds for withholding it from disclosure may request that the documents be filed under seal or otherwise be treated as confidential, pursuant to §§ 2200.8 and 2200.52 of this chapter.

[86 FR 26659, May 17, 2021, as amended at 86 FR 31166, June 11, 2021]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1991–2025 · leading case: Scafar Contracting, Inc. v. Sec'y of Labor Occupational Saf. & Health Review Comm'n, 325 F.3d 422 (3rd Cir. 2003).
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Scafar Contracting, Inc. v. Sec'y of Labor Occupational Saf. & Health Review Comm'n, 325 F.3d 422 (3rd Cir. 2003). · cites it 4× “See 29 C.F.R. 2204.302. Under the D.C. Circuit’s approach, a disposition is not final until the time for appeal has run.”
Elizabeth Dole, Sec'y of Labor, Petitioner-Cross v. Phoenix Roofing, Inc., Respondent-Cross v. Occupational Saf. & Health Review Comm'n, 922 F.2d 1202 (5th Cir. 1991). “The Secretary cites as authority for its position 29 C.F.R. 2204.302(c), which states “[i]f review is sought in the court of appeals .”
Scafar Contracting v. Sec'y Labor (3rd Cir. 2003). · cites it 4× “See 29 C.F.R. 2204.302. Under the D.C. Circuit’s approach, a disposition is not final until the time for appeal has run.”
Riverdale Mills Corp. v. Chavez-DeRemer (1st Cir. 2025). “The Secretary argued that Riverdale had not shown the requisite "legal grounds for withholding" the balance sheet under 29 C.F.R. § 2204.302 (b) because it "fail[ed] to articulate why disclosure of any specific information in the net worth exhibit will cause specific harm, let…”
— 29 C.F.R. § 2204.302(a) — 2 cases
Scafar Contracting, Inc. v. Sec'y of Labor Occupational Saf. & Health Review Comm'n, 325 F.3d 422 (3rd Cir. 2003). “See 29 C.F.R. 2204.302. Under the D.C. Circuit’s approach, a disposition is not final until the time for appeal has run.”
Scafar Contracting v. Sec'y Labor (3rd Cir. 2003). “See 29 C.F.R. 2204.302. Under the D.C. Circuit’s approach, a disposition is not final until the time for appeal has run.”
— 29 C.F.R. § 2204.302(c) — 1 case
Elizabeth Dole, Sec'y of Labor, Petitioner-Cross v. Phoenix Roofing, Inc., Respondent-Cross v. Occupational Saf. & Health Review Comm'n, 922 F.2d 1202 (5th Cir. 1991). “The Secretary cites as authority for its position 29 C.F.R. 2204.302(c), which states “[i]f review is sought in the court of appeals .”
— 29 C.F.R. § 2204.302(d)(1) — 1 case
Scafar Contracting v. Sec'y Labor (3rd Cir. 2003). “See 29 C.F.R. 2204.302. Under the D.C. Circuit’s approach, a disposition is not final until the time for appeal has run.”
— 29 C.F.R. § 2204.302(d)(l) — 1 case
Scafar Contracting, Inc. v. Sec'y of Labor Occupational Saf. & Health Review Comm'n, 325 F.3d 422 (3rd Cir. 2003). “See 29 C.F.R. 2204.302. Under the D.C. Circuit’s approach, a disposition is not final until the time for appeal has run.”
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