Attorneys Fees in Enforcement Actions

Overview

Under the Equal Access to Justice Act, 5 USC 504, attorneys fees are available to the prevailing party (if it is not the government) in a contested administrative enforcement action

Statute also allows miscellaneous payments of witness fees and the like

Attorneys Fees and Other Expenses

Treasury - 31 CFR Part 6

Subpart A-General Provisions

6.1 Purpose of these rules
6.2 When the Act applied
6.3 Proceedings covered
6.4 Eligibility of applicants
6.5 Standards for awards
6.6 Allowable fees and other expenses
6.7 Delegations of authority

Subpart B-Information Required From Applicants

6.8 Contents of application
6.9 Net worth exhibit
6.10 Documentation of fees and expenses
6.11 When an application may be filed

Subpart C-Procedures for Considering Applications

6.12 Filing and service of documents
6.13 Answer to application
6.14 Decision
6.15 Agency review
6.16 Judicial review
6.17 Payment of award

FRB - 12 CFR Part 263, Subpart G

FDIC - 12 CFR Part 308, Subpart P

OTS and OCC - 31 CFR part 6 - supra

OCC also has adopted 12 CFR 19.210 that merely points to the Treasury regulation

NCUA - 12 CFR 747, Subpart G

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