§ 34-52-2-2 — Order for payment; findings

In addition to any other compensation awarded
in a civil action involving an agency as a party, the court having
jurisdiction in the case may enter an order against the agency for the
payment of the reasonable fees and other expenses of a party, if the
court finds that:
(1) the party files a written notice of the party's intent to seek
reimbursement under this chapter (or IC 34-2-36 before its repeal)
not later than thirty (30) days after the party files any pleading or
other paper with the court;
(2) the party obtained final judgment in its favor;
(3) the party has obtained substantive relief that makes it probable
that the party will prevail on the merits after remand of the case
to the agency, if remand is necessary;
(4) the party is:
(A) a commercial or business entity (including a sole
proprietorship or a partnership) with fewer than fifty (50)
employees at the time of the:
(i) civil action; or
(ii) the agency action (as defined in IC 4-21.5-1-4) giving rise
to the civil action;
but is not a subsidiary or affiliate of another entity that does not
qualify as a small business under this clause; or
(B) an organization exempt from federal income taxation under
Section 501 of the Internal Revenue Code;
(5) to the extent that the fees and other expenses of the party are
for attorney's fees or expert witness fees, the fees are based upon
the number of actual hours of service performed multiplied by a
reasonable fee for the service rendered not to exceed seventy-five
dollars ($75) per hour;
(6) the party filed a claim not later than thirty (30) days after a
final judgment was rendered; and
(7) section 3 of this chapter does not apply.
[Pre-1998 Recodification Citation: 34-2-36-5.]

Legislative History

As added by P.L.1-1998, SEC.48.