(a) An application may be filed whenever the applicant has prevailed in the proceeding, but in no case no later than the 30 days after the Board's final disposition of the proceeding. This 30-day deadline is statutory and the Board has no authority to extend it.
(b) If review or reconsideration is sought or taken of a decision to which an applicant believes it has prevailed, proceedings for the award of fees shall be stayed pending final disposition of the underlying controversy.
(c) For purposes of this rule, final disposition means the later of
(1) the date on which an unappealed initial decision by an administrative law judge becomes administratively final;
(2) issuance of an order disposing of any petitions for reconsideration of the Board's final order in the proceeding;
(3) if no petition for reconsideration is filed, the last date on which such a petition could have been filed; or
(4) issuance of a final order or any other final resolution of a proceeding, such as a settlement or voluntary dismissal, which is not subject to a petition for reconsideration.
[46 FR 48209, Oct. 1, 1981, as amended at 59 FR 30532, June 14, 1994]