# 28 CFR § 24.105: Eligibility of applicants

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-28-24.105

## Section

- **Citation:** 28 CFR § 24.105
- **Heading:** Eligibility of applicants
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 28—Judicial Administration > CHAPTER I—DEPARTMENT OF JUSTICE > PART 24—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN DEPARTMENT OF JUSTICE ADMINISTRATIVE PROCEEDINGS > Subpart A—General Provisions

## Text

(a) To be eligible for an award of attorney fees and other expenses under the Act, the applicant must be a prevailing party in the adversary adjudication for which it seeks an award. The term “party” is defined in 5 U.S.C. 551(3). The applicant must show that it meets all conditions of eligibility set out in this subpart and in subpart B.
(b) The types of eligible applicants are as follows:
(1) An individual with a net worth of not more than $1 million;
(2) The sole owner of an unincorporated business who has a net worth of not more than $5 million and not more than 500 employees;
(3) A charitable or other tax-exempt organization described in section 501(c)(3) of the Internal Revenue Code (26 U.S.C. 501(c)(3)) with not more than 500 employees;
(4) A cooperative association as defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141j(a)) with not more than 500 employees; and
(5) Any other partnership, corporation, association, or public or private organization with a net worth of not more than $5 million and not more than 500 employees.
(c) For the purpose of eligibility, the net worth and number of employees of an applicant shall be determined as of the date the adversary adjudication was initiated.

## Nearby sections

- [28 CFR § 24.101 § 24.101 Purpose of these rules.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.101.md)
- [28 CFR § 24.102 § 24.102 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.102.md)
- [28 CFR § 24.103 § 24.103 Proceedings covered.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.103.md)
- [28 CFR § 24.104 § 24.104 Applicability to Department of Justice proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.104.md)
- [28 CFR § 24.105 § 24.105 Eligibility of applicants.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.105.md)
- [28 CFR § 24.106 § 24.106 Standards for awards.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.106.md)
- [28 CFR § 24.107 § 24.107 Allowable fees and other expenses.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.107.md)
- [28 CFR § 24.201 § 24.201 Contents of application.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.201.md)
- [28 CFR § 24.202 § 24.202 Net worth exhibit.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.202.md)
- [28 CFR § 24.203 § 24.203 Documentation of fees and expenses.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.203.md)
- [28 CFR § 24.204 § 24.204 Time for submission of application.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.204.md)
- [28 CFR § 24.301 § 24.301 Filing and service of documents.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.301.md)
- [28 CFR § 24.302 § 24.302 Answer to application.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.302.md)
- [28 CFR § 24.303 § 24.303 Comments by other parties.](https://www.frixlaw.com/law-library/statutes/ecfr-28-24.303.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-28-24.105. Check the current official text before relying on it. Not legal advice.