SBAOGNRL0001 - Case Type 16

Also adjudicated before OHA are petitions for attorney's fees and costs under the Equal Access to Justice Act (EAJA). The regulations restrict such fees to cases where an "adversary adjudication" has taken place, meaning an "administrative proceeding[ ] before OHA which involve[s] SBA as a party and which [is] required to be conducted by an Administrative Law Judge." 13 CFR 134.603. In order for an administrative proceeding to qualify, the SBA must have been represented by counsel or by another representative who entered an appearance and participated in the hearing. Id. Proceedings relating to applications for fees and expenses are conducted in accordance with the general adjudication provisions in 13 CFR Part 134, Subpart B. See 13 CFR 134.611, 134.615.