Decision on application.

§ 17.26 Decision on application. The Presiding Officer shall issue a recommended decision on the application which shall include proposed written findings and conclusions on such of the following as are relevant to the decision: (a) The applicant's status as a prevailing party; (b) The applicant's qualification as a “party” under 5 U.S.C. 504(b)(1)(B); (c) Whether EPA's position as a party to the proceeding was substantially justified; (d) Whether the special circumstances make an award unjust; (e) Whether the applicant during the course of the proceedings engaged in conduct that unduly and unreasonably protracted the final resolution of the matter in controversy; and (f) The amounts, if any, awarded for fees and other expenses, explaining any difference between the amount requested and the amount awarded.