# 13 C.F.R. § 134.605 (2026): Under what circumstances are fees and expenses reimbursable?

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_605

## Section

- **Citation:** 13 C.F.R. § 134.605 (2026)
- **Heading:** Under what circumstances are fees and expenses reimbursable?
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Title 13 CFR: Business Credit and Assistance / Chapter I: SMALL BUSINESS ADMINISTRATION / Part 134: RULES OF PROCEDURE GOVERNING CASES BEFORE THE OFFICE OF HEARINGS AND APPEALS / Subpart F: Implementation of the Equal Access to Justice Act / § 134.605: § 134.605   Under what circumstances are fees and expenses reimbursable?

## Text

(a) If you are a prevailing eligible party, you may receive an award for reasonable fees and expenses unless the position of the agency in the proceeding is found by the ALJ to be “substantially justified”, or special circumstances exist which make an award unjust. The “position of the agency” includes not only the position taken by SBA in the administrative proceeding, but also the position which it took in the action which led to the administrative proceeding. No presumption arises that SBA's position was not substantially justified simply because it did not prevail in a proceeding. However, upon your assertion that the position of SBA was not substantially justified, SBA will be required to establish that its position was reasonable in fact and law.
(b) The ALJ may reduce or deny an award for reimbursement if you have unreasonably protracted the administrative proceeding or if other special circumstances would make the award unjust.
(c) Awards for fees and expenses incurred before the date on which an administrative proceeding was initiated are allowable only if you can demonstrate that they were reasonably incurred in preparation for the proceeding.

## Nearby sections

- [13 C.F.R. § 134.601 (2026) § 134.601   What is the purpose of this subpart?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_601.md)
- [13 C.F.R. § 134.602 (2026) § 134.602   Under what circumstances may I apply for reimbursement?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_602.md)
- [13 C.F.R. § 134.603 (2026) § 134.603   What is an adversary adjudication?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_603.md)
- [13 C.F.R. § 134.604 (2026) § 134.604   What benefits may I claim?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_604.md)
- [13 C.F.R. § 134.605 (2026) § 134.605   Under what circumstances are fees and expenses reimbursable?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_605.md)
- [13 C.F.R. § 134.606 (2026) § 134.606   Who is eligible for possible reimbursement?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_606.md)
- [13 C.F.R. § 134.607 (2026) § 134.607   How do I know which eligibility requirement applies to me?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_607.md)
- [13 C.F.R. § 134.608 (2026) § 134.608   What are the special rules for calculating net worth and number of employees?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_608.md)
- [13 C.F.R. § 134.609 (2026) § 134.609   What is the difference between a fee and an expense?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_609.md)
- [13 C.F.R. § 134.610 (2026) § 134.610   Are there limitations on reimbursement for fees and expenses?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_610.md)
- [13 C.F.R. § 134.611 (2026) § 134.611   What should I include in my application for an award?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_611.md)
- [13 C.F.R. § 134.612 (2026) § 134.612   What must a net worth exhibit contain?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_612.md)
- [13 C.F.R. § 134.613 (2026) § 134.613   What documentation do I need for fees and expenses?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_613.md)
- [13 C.F.R. § 134.614 (2026) § 134.614   What deadlines apply to my application for an award and where do I send it?](https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_614.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/CFR_T13_P134_S134_605. Check the current official text before relying on it. Not legal advice.