# 29 CFR § 2704.100: Purpose of these rules

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.100

## Section

- **Citation:** 29 CFR § 2704.100
- **Heading:** Purpose of these rules
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 29—Labor > Subtitle B—Regulations Relating to Labor > CHAPTER XXVII—FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION > PART 2704—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN COMMISSION PROCEEDINGS > Subpart A—General Provisions

## Text

The Equal Access to Justice Act, 5 U.S.C. 504, provides for the award of attorney fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings (called “adversary adjudications”) before this Commission. An eligible party may receive an award when it prevails over the U.S. Department of Labor, Mine Safety and Health Administration (“MSHA”), unless the Secretary of Labor's position in the proceeding was substantially justified or special circumstances make an award unjust. In addition to the foregoing ground of recovery, a non-prevailing eligible party may receive an award if the demand of the Secretary is substantially in excess of the decision of the Commission and unreasonable, unless the applicant party has committed a willful violation of law or otherwise acted in bad faith, or special circumstances make an award unjust. The rules in this part describe the parties eligible for each type of award. They also explain how to apply for awards, and the procedures and standards that this Commission will use to make the awards. In addition to the rules in this part, the Commission's general rules of procedure, part 2700 of this chapter, apply where appropriate.
[71 FR 44209, Aug. 4, 2006]

## Nearby sections

- [29 CFR § 2704.100 § 2704.100 Purpose of these rules.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.100.md)
- [29 CFR § 2704.101 § 2704.101 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.101.md)
- [29 CFR § 2704.102 § 2704.102 Applicability.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.102.md)
- [29 CFR § 2704.103 § 2704.103 Proceedings covered.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.103.md)
- [29 CFR § 2704.104 § 2704.104 Eligibility of applicants.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.104.md)
- [29 CFR § 2704.105 § 2704.105 Standards for awards.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.105.md)
- [29 CFR § 2704.106 § 2704.106 Allowable fees and expenses.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.106.md)
- [29 CFR § 2704.107 § 2704.107 Rulemaking on maximum rates for attorney's fees.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.107.md)
- [29 CFR § 2704.108 § 2704.108 Awards.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.108.md)
- [29 CFR § 2704.109 § 2704.109 Delegations of authority.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.109.md)
- [29 CFR § 2704.201 § 2704.201 Contents of application—in general.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.201.md)
- [29 CFR § 2704.202 § 2704.202 Contents of application—where the applicant has prevailed.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.202.md)
- [29 CFR § 2704.203 § 2704.203 Contents of application—where the Secretary's demand is substantially in excess of the judgment finally obtained and unreasonable.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.203.md)
- [29 CFR § 2704.204 § 2704.204 Confidential financial information.](https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.204.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-29-2704.100. Check the current official text before relying on it. Not legal advice.