Subpart C
An applicant must file the detailed net worth exhibit at the same time it files its EAJA application. The regulation states each applicant (except certain exempt entities) "shall provide with its application a detailed exhibit showing the net worth of the applicant ... when the proceeding was initiated" (2204.302(a)).
You must report the applicant's net worth as of the date the proceeding was initiated. The rule explicitly requires a detailed exhibit showing net worth "when the proceeding was initiated" (2204.302(a)).
Qualified tax-exempt organizations, cooperative associations, and (in cases involving an application for an award related to an allegedly excessive demand by the Secretary) a small entity defined by 5 U.S.C. 601(6) are exempt from filing the net worth exhibit. The text of 2204.302(a) lists these exemptions.
The net worth exhibit must fully disclose the applicant's assets and liabilities in a form that allows the judge or Commission to determine whether the applicant qualifies as a party under 2204.201. 2204.302(a) says the exhibit "may be in any form convenient to the applicant" but must provide full disclosure, and 2204.301(c) sets the net worth information requirement referenced in the same part.
Yes — the net worth exhibit may be submitted in any form convenient to the applicant so long as it provides full disclosure of assets and liabilities and is sufficient to determine eligibility under 2204.201. The regulation explicitly allows flexible formatting: "The exhibit may be in any form convenient to the applicant" (2204.302(a)).
The judge or the Commission may require the applicant to file additional information to determine eligibility for an award. 2204.302(a) expressly gives the judge or Commission authority to request more details.
Ordinarily, yes — the net worth exhibit will be included in the public record of the proceeding. 2204.302(b) states the exhibit will ordinarily be public.
An applicant who objects to public disclosure can request that documents be filed under seal or treated as confidential by following the procedures in 2200.8 and 2200.52. 2204.302(b) explains that an applicant believing there are legal grounds to withhold information may request confidential treatment under those provisions.
You need to show legitimate legal grounds for confidentiality — for example, that the information contains trade secrets, privileged financial data, or other protected records — and follow the procedures in 2200.8 and 2200.52. 2204.302(b) permits filing under seal when the applicant "believes there are legal grounds for withholding" portions of the exhibit.
No — not all settlement agreements are posted on OSHA's website, although they remain public information and are subject to FOIA. The 2004 OSHA letter of interpretation explains OSHA posts many items that are FOIA-available but that the vast majority of settlement agreements are not put on the web site even though they remain subject to disclosure under FOIA; it also notes the Review Commission posting rule referenced in that letter.
The net worth exhibit provides the financial facts—assets and liabilities as of the proceeding's start—that allow the judge or Commission to decide whether the applicant meets the party and eligibility criteria in 2204.201. 2204.302(a) requires that exhibit "be sufficient to determine whether the applicant qualifies as a party as defined in 2204.201."
No — in that specific situation a small entity as defined by 5 U.S.C. 601(6) is exempt from filing the net worth exhibit with the application. 2204.302(a) includes this limited exemption.
File the complete net worth exhibit with the EAJA application and simultaneously request confidential treatment (such as filing under seal) for the sensitive portions under 2200.8 and 2200.52. 2204.302(b) permits applicants to object to public disclosure and seek protective treatment when legal grounds exist.
Include a clear list of assets (cash, bank accounts, investments, real property, business interests) and liabilities (mortgages, loans, accounts payable), with values and dates, and attach supporting documentation where available (bank statements, appraisals). This meets the requirement that the exhibit "provides full disclosure of the applicant's assets and liabilities" and be "sufficient to determine" eligibility under 2204.302(a) and 2204.301(c).
If the exhibit is missing, the judge or Commission can require the applicant to file the information and may treat the omission as a failure to meet filing requirements; 2204.302(a) specifically authorizes the judge or Commission to require additional information to determine eligibility for an award.
Filing under seal seeks to protect disclosure in the public record, but documents may still be subject to FOIA or other legal processes; the applicant must show legal grounds for confidentiality under 2200.8 and 2200.52. 2204.302(b) contemplates requests for secrecy but does not eliminate other disclosure law obligations.
No — requesting confidential treatment does not automatically prevent public posting; the request must be evaluated under the applicable rules and FOIA. The 2004 OSHA letter of interpretation explains that OSHA posts many FOIA-available items but not all settlement agreements are posted online, and 2204.302(b) directs applicants to the confidentiality procedures in 2200.8 and 2200.52 for claims of non-disclosure.