Indiana § 4-21.5-3-27.5 Attorney's fees

Indiana Statutes

§ 4-21.5-3-27.5 — Attorney's fees

Indiana § 4-21.5-3-27.5

Art. 21.5ADMINISTRATIVE ORDERS AND

Ch. 3Adjudicative Proceedings

This text of Indiana § 4-21.5-3-27.5 (Attorney's fees) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 4-21.5-3-27.5 (2026).

Text

5.

(a)In a proceeding under this chapter concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred in the proceeding by the prevailing party challenging the agency action if:

(1)the party challenging the agency action proves, by a preponderance of the evidence, that:

(A)the agency's action was frivolous or groundless; or

(B)the agency pursued the action in bad faith;

(2)the agency action was unsupported by a statute or a valid rule, as provided in IC 4-22-2-44; or

(3)the agency has failed to demonstrate that the agency acted within its legal authority.

(b)Except as provided in subsection (c) and subject to IC 34-52-2-1.5, in a judicial review proceeding, the court shall order the agency to pay the other party's re

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5. (a) In a proceeding under this chapter
concerning an agency action, the administrative law judge shall order
the agency to pay the reasonable attorney's fees incurred in the
proceeding by the prevailing party challenging the agency action if:
(1) the party challenging the agency action proves, by a
preponderance of the evidence, that:
(A) the agency's action was frivolous or groundless; or
(B) the agency pursued the action in bad faith;
(2) the agency action was unsupported by a statute or a valid rule,
as provided in IC 4-22-2-44; or
(3) the agency has failed to demonstrate that the agency acted
within its legal authority.
(b) Except as provided in subsection (c) and subject to IC 34-52-2-1.5, in a judicial review proceeding, the court shall order the
agency to pay the other party's reasonable attorney's fees if:
(1) the other party prevailed before an administrative law judge;
(2) the agency initiated the proceeding for judicial review; and
(3) the other party prevailed in the judicial review proceeding.
(c) In a judicial review proceeding, the court may not award
attorney's fees against an agency under this section if:
(1) the agency's only involvement in the case resulted from the
agency's role as an arbiter of the legal rights, duties, immunities,
privileges, or other legal interests of two (2) or more parties; or
(2) the position of the agency as a party became unjustified as a
result of an intervening change in applicable law.