24 C.F.R. § 14.325
§ 14.325 Extensions of time and further proceedings. (24 CFR Part 14)
Operative Text
(a) The adjudicative officer on motion and for good cause shown may grant extensions of time other than for filing an application for fees and expenses after final disposition in the adversary adjudication. (b) Ordinarily, the determination of an award will be made on the basis of the written record. However, on request of either the applicant or agency counsel, or on his or her own initiative, the adjudicative officer may order further proceedings, such as an informal conference, oral argument, additional written submissions, or as to issues other than substantial justification (such as the applicant's eligibility or substantiation of fees and expenses), pertinent discovery or an evidentiary hearing. Such further proceedings shall be held only when necessary for full and fair resolution of the issues arising from the application, and shall be conducted as promptly as possible. Whether or not the position of the agency was substantially justified shall be determined on the basis of the administrative record, as a whole, which is made in the adversary adjudication for which fees and other expenses are sought. (c) A request that the adjudicative officer order further proceedings under this section shall specifically identify the information sought or the disputed issues and shall explain why the additional proceedings are necessary to resolve the issues.
Under 24 CFR Part 14 § 14.325, an adjudicative officer overseeing a fee award proceeding has the authority to extend deadlines (except for the initial fee application deadline after final disposition) when good cause is demonstrated. Awards are generally decided on the written record alone, but the officer may allow additional steps—such as oral argument, informal conferences, extra written submissions, discovery, or an evidentiary hearing—when those steps are genuinely necessary for a fair resolution. The question of whether an agency's litigation position was 'substantially justified' must be evaluated against the full administrative record from the underlying adversary adjudication.
Plain English — not legal advice.
This provision is not directly applicable to property owners or managers in a landlord-tenant context, as 24 CFR Part 14 § 14.325 governs fee-award proceedings under the Equal Access to Justice Act within federal agency adjudications. However, a party acting as a respondent in such a federal proceeding generally ensures that any request for additional proceedings clearly identifies the specific information sought and explains why those proceedings are necessary, as the rule requires. Compliant participants in these proceedings also recognize that the substantial-justification determination will be based on the whole administrative record already created.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants or other small-entity applicants seeking attorney fee awards in a federal adversary adjudication under 24 CFR Part 14 § 14.325 have the right to request that the adjudicative officer order further proceedings—such as discovery or an evidentiary hearing—if the written record alone is insufficient to resolve disputed issues like eligibility or fee substantiation. Any such request must specifically identify what information is sought and explain why additional proceedings are needed to reach a fair outcome. Individuals navigating this process may benefit from consulting a tenant-rights organization or legal aid resource familiar with federal administrative fee proceedings.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 4, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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