Position of the Agency Law and Legal Definition

Position of the agency with reference to an adversary proceeding refers to an action or failure to act by the agency, upon which adversary adjudication is based. A party to an administrative proceeding can allege that the position of the agency was not substantially justified. Whether or not the position of the agency was substantially justified must be determined on the basis of the administrative record as a whole that is made in the adversary adjudication, for which fees and other expenses are sought. In cases where the position of agency is in question, fees and other expenses may not be awarded to a party for any portion of the adversary adjudication if the party has unreasonably protracted the proceedings. Similarly, an award for fees and other expenses incurred by a party in connection with adversary adjudication will not be awarded if the position of the agency was substantially justified or that special circumstances make such award an unjust award. [5 USCS § 504].