# 12 C.F.R. § 747.604 (2026): Standards for award

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_604

## Section

- **Citation:** 12 C.F.R. § 747.604 (2026)
- **Heading:** Standards for award
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 12 CFR: Banks and Banking / Chapter VII: NATIONAL CREDIT UNION ADMINISTRATION / Part 747: ADMINISTRATIVE ACTIONS, ADJUDICATIVE HEARINGS, RULES OF PRACTICE AND PROCEDURE, AND INVESTIGATIONS / Subpart G: Local Rules and Procedures Applicable to Recovery of Attorneys Fees and Other Expenses Under the Equal Access to Justice Act in NCUA Board Adjudications / § 747.604: § 747.604   Standards for award.

## Text

(a) A prevailing party may receive an award for fees and expenses incurred in connection with a proceeding, or in a significant and discrete substantive portion of the proceeding, by or against NCUA unless the position of NCUA during the proceeding was substantially justified. The burden of proving that an award should not be made is on counsel for NCUA. To avoid an award, counsel for NCUA must show that its position was reasonable in law and in fact.
(b) An award will be reduced or denied if the applicant has unduly or unreasonably protracted the proceeding or if special circumstances make the award sought unjust.
(c) Where an applicant has prevailed on one or more discrete substantive issues in a proceeding, even though all the issues were not resolved in its favor, any award shall be based on the fees and expenses incurred in connection with the discrete significant substantive issue or issues on which the applicant's position has been upheld. If such segregation of costs is not practicable, the award may be based on a fair proration of those fees and expenses incurred in the entire proceeding which would be recoverable under this section if proration were not performed.
(d) Whether separate or prorated treatment under the preceding paragraph, including the applicable proration percentage, is appropriate shall be determined on the facts of the particular case. Attention shall be given to the significance and nature of the respective issues and their separability and interrelationship.

## Nearby sections

- [12 C.F.R. § 747.601 (2026) § 747.601   Purpose and scope.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_601.md)
- [12 C.F.R. § 747.602 (2026) § 747.602   Eligibility of applicants.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_602.md)
- [12 C.F.R. § 747.603 (2026) § 747.603   Prevailing party.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_603.md)
- [12 C.F.R. § 747.604 (2026) § 747.604   Standards for award.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_604.md)
- [12 C.F.R. § 747.605 (2026) § 747.605   Allowable fees and expenses.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_605.md)
- [12 C.F.R. § 747.606 (2026) § 747.606   Contents of application.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_606.md)
- [12 C.F.R. § 747.607 (2026) § 747.607   Statement of net worth.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_607.md)
- [12 C.F.R. § 747.608 (2026) § 747.608   Documentation of fees and expenses.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_608.md)
- [12 C.F.R. § 747.609 (2026) § 747.609   Filing and service of applications.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_609.md)
- [12 C.F.R. § 747.610 (2026) § 747.610   Answer to application.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_610.md)
- [12 C.F.R. § 747.611 (2026) § 747.611   Comments by other parties.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_611.md)
- [12 C.F.R. § 747.612 (2026) § 747.612   Settlement.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_612.md)
- [12 C.F.R. § 747.613 (2026) § 747.613   Further proceedings.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_613.md)
- [12 C.F.R. § 747.614 (2026) § 747.614   Recommended decision.](https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_614.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T12_P747_S747_604. Check the current official text before relying on it. Not legal advice.