§ 28-32-50 — Actions against administrative agencies - Attorney's fees and costs

North Dakota § 28-32-50

• Jurisdiction: North Dakota
• Title 28: Judicial Procedure, Civil
• Ch. 28-32: Administrative Agencies Practice Act

Text

1. In any civil judicial proceeding involving as adverse parties an administrative agency
and a party not an administrative agency or an agent of an administrative agency, the
court must award the party not an administrative agency reasonable attorney's fees
and costs if the court finds in favor of that party and, in the case of a final agency
order, determines that the administrative agency acted without substantial justification.
2. This section applies to an administrative or civil judicial proceeding brought by a party
not an administrative agency against an administrative agency for judicial review of a
final agency order, or for judicial review pursuant to this chapter of the legality of
agency rulemaking action or a rule adopted by an agency as a result of the rulemaking
action being appealed.
3. Any attorney's fees and costs awarded pursuant to this section must be paid from
funds available to the administrative agency the final order, rulemaking action, or rule
of which was reviewed by the court. The court may withhold all or part of the attorney's
fees from any award if the court finds the administrative agency's action, in the case of
a final agency order, was substantially justified or that special circumstances exist
which make the award of all or a portion of the attorney's fees unjust.
4. This section does not alter the rights of a party to collect any fees under other
applicable law.
5. In any civil judicial proceeding involving adverse parties to an appeal or enforcement
action involving an environmental permit issued under chapter 23.1-04, 23.1-06,
23.1-08, or 61-28 in which two or more of the adverse parties are not an administrative
agency or an agent of an administrative agency, the court may award the prevailing
nonagency party reasonable attorney's fees and costs if the court finds in favor of that
party and determines that the nonprevailing nonagency party acted without substantial
justification, or on the basis of claims or allegations that are factually unsupported. The
court shall award reasonable attorney's fees and costs if the court determines that the
nonprevailing nonagency party's claims or allegations are frivolous as provided in
section 28-26-01. If the appeal or civil judicial proceeding covered by this subsection
involves multiple claims or allegations, the court may apportion attorney's fees and
costs in proportion to the time reasonably spent by a prevailing party relating to claims
pursued by the nonprevailing party that were frivolous, factually unsupported, or
without substantial justification.
28-32-51. Witnesses - Immunity.
If any person objects to testifying or producing evidence, documentary or otherwise, at any
proceeding before an administrative agency, claiming a privilege against self-incrimination, but
is directed to testify or produce evidence pursuant to the written approval of the attorney
general, that person must comply with the direction but no testimony or evidence compelled
from that person, after a valid claim of privilege against self-incrimination has been made, may
be used against that person in any criminal proceeding subjecting that person to a penalty or
forfeiture. No person testifying at any proceeding before an administrative agency may be
exempted from prosecution and punishment for perjury or giving a false statement, or for
contempt committed in answering, or failing to answer, or in producing, or in failing to produce,
evidence pursuant to direction given under this section.