Section 21.1 - Equal Access to Justice Act(a) The Equal Access to Justice Act (the Act) provides for the award of fees and other expenses to applicants that-(1) Are prevailing parties in adversary adjudications before the Department of Education; and(2) Meet all other conditions of eligibility contained in this part.(b) An eligible applicant, as described in paragraph (a) of this section, is entitled to receive an award unless- (1) The adjudicative officer, the Civil Rights Reviewing Authority (CRRA), or the Secretary on review, determines that- (i) The Department's position was substantially justified; or(ii) Special circumstances make an award unjust; or(2) The adversary adjudication is under judicial review, in which case the applicant may receive an award only as described in § 21.11 .(c) The determination under paragraph (b)(1)(i) of this section is based on the administrative record, as a whole, made during the adversary adjudication for which fees and other expenses are sought. Authority: 5 U.S.C. 504(a)(1) and (c)(1)