federal_register: 96-31631
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| document_number | title | type | abstract | publication_date | pub_year | pub_month | html_url | pdf_url | agency_names | agency_ids | excerpts |
|---|---|---|---|---|---|---|---|---|---|---|---|
| 96-31631 | Implementation of Equal Access to Justice Act in Commission Proceedings | Proposed Rule | The Federal Mine Safety and Health Review Commission is proposing to revise its rules providing for the award of attorneys' fees and other expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504, applicable to eligible individuals and entities who are parties to administrative proceedings before the Commission. The proposed revisions to the rules are in response to amendments to the EAJA, enacted pursuant to Public Law 104-121, 110 Stat. 862 (1996), and effective on March 29, 1996. The proposed rules authorize fee awards under a newly-defined standard--when the Secretary of Labor's demand is substantially in excess of the decision of the Commission and is unreasonable when compared to that decision. The proposed rules also expand the definition of a ``party'' eligible for an award under this new standard to include ``a small entity'' as defined by 5 U.S.C. 601. The maximum hourly rate for attorneys' fees in all EAJA cases before the Commission is increased to $125. Finally, the Commission is revising its rules to provide that parties submit EAJA applications to the Chief Administrative Law Judge instead of the Chairman. The Commission invites public comments on these proposed rules. | 1996-12-19 | 1996 | 12 | https://www.federalregister.gov/documents/1996/12/19/96-31631/implementation-of-equal-access-to-justice-act-in-commission-proceedings | https://www.govinfo.gov/content/pkg/FR-1996-12-19/pdf/96-31631.pdf | Federal Mine Safety and Health Review Commission | 180 | The Federal Mine Safety and Health Review Commission is proposing to revise its rules providing for the award of attorneys' fees and other expenses under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504, applicable to eligible individuals and... |