§ 38-14.1-36 — Assessment of costs - Attorney's fees

North Dakota § 38-14.1-36

• Jurisdiction: North Dakota
• Title 38: Mining and Gas and Oil Production
• Ch. 38-14.1: Surface Mining and Reclamation Operations

Text

1. Whenever an order is issued as a result of any administrative proceeding under this
chapter, at the request of any party, a sum equal to the aggregate amount of all costs
and expenses, including attorney's fees as determined by the commission to have
been reasonably incurred by such party for or in connection with the party's
participation in such proceedings, may be assessed against any party as the
commission deems proper.
2. The court, in issuing any final order pursuant to chapter 28-32 in review of commission
proceedings under this chapter may assess costs, including attorney's fees against
any party whenever the court determines such award is appropriate.
3. The court, in issuing any final order in a civil action brought under section 38-14.1-40
by any person having an interest which is or may be adversely affected to compel
compliance with this chapter, may award costs of litigation, including attorney's and
expert witness fees, to any party whenever the court determines such award is
appropriate.
4. In civil proceedings pertaining to this chapter, the provisions of this section govern as
herein provided, rather than those provided for in section 28-26-01.