How Is Eligibility Determined?

34 C.F.R. Part ..., Subpart C
in effectEffective: 2024-07-01

34 C.F.R. § 21.20 Types of eligible applicants.

The following types of parties that prevail in adversary adjudications are eligible to apply under the Act for an award of fees and other expenses: (a) An individual who has a net worth of not more than $2 million. (b) Any owner of an unincorporated business who has— (1) A net worth of not more than $7 million, including both personal and business interests; and (2) Not more than 500 employees. (c) A charitable or other tax-exempt organization— (1) As described in section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. 501(c)(3)); and (2) Having not more than 500 employees. (d) A cooperative association— (1) As defined in section 15(a) of the Agricultural Marketing Act (12 U.S.C. 1141(a)); and (2) Having not more than 500 employees. (e) Any other partnership, corporation, association, unit of local government, or organization that has— (1) A net worth of not more than $7 million; and (2) Not more than 500 employees.

34 C.F.R. § 21.21 Determination of net worth and number of employees.

(a) The adjudicative officer shall determine an applicant's net worth and number of employees as of the date the adversary adjudication was initiated. (b) In determining eligibility, the adjudicative officer shall include the net worth and number of employees of the applicant and all of the affiliates of the applicant. (c) For the purposes of paragraph (b) of this section, the adjudicative officer shall consider the following as an affiliate: (1) Any individual, corporation, or other entity that directly or indirectly owns or controls a majority of the voting shares or other interest of the applicant; (2) Any corporation or other entity of which the applicant directly or indirectly owns or controls a majority of the voting shares or other interest; and (3) Any entity with a financial relationship to the applicant that, in the determination of the adjudicative officer, constitutes an affiliation for the purposes of paragraph (b) of this section. (d) In determining the number of employees of an applicant and its affiliates, the adjudicative officer shall count part-time employees on a proportional basis.

34 C.F.R. § 21.22 Applicants representing others.

If an applicant is a party in an adversary adjudication primarily on behalf of one or more persons or entities that are ineligible under this part, then the applicant is not eligible for an award.

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