Scheme: 
FMSHFADJ0001
Case Type Number: 
7
Statute (Common Name): 
Equal Access to Justice Act
Program Area: 
EAJA
Legal Authorities (Statute/Exec. Order): 
5 U.S.C. 504
Regulatory Authorities (CFR): 
29 C.F.R. pts. 2700, 2704
Filed By: 
Private Party/Individual
Brief Description of Case Type: 
Proceedings for award of attorney fees and other expenses to (a) eligible individuals and entities who are prevailing parties in certain administrative proceedings (i.e., adversary adjudications) against over the U.S. Department of Labor, Mine Safety and Health Administration (“MSHA”), unless DOL/MSHA can establish that its position was substantially justified; or (b) non-prevailing parties if demand by DOL/MSHA is substantially in excess of the Commission's decision, unless the applicant party committed a wilful violation of law.
Relief Available in Actions Filed By Private Parties: 
Attorney Fees/Costs
Verified by Agency: 
Verified