§ 42-92-3. Award of reasonable litigation expenses.
(a) Whenever the agency conducts an adjudicatory proceeding subject to this chapter, the
adjudicative officer shall award to a prevailing party reasonable litigation expenses
incurred by the party in connection with that proceeding. The adjudicative officer
will not award fees or expenses if the adjudicative officer finds that the agency
was substantially justified in actions leading to the proceedings and in the proceeding
itself. The adjudicative officer may, at the adjudicative officer's discretion, deny
fees or expenses if special circumstances make an award unjust. The award shall be
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§ 42-92-3. Award of reasonable litigation expenses.
(a) Whenever the agency conducts an adjudicatory proceeding subject to this chapter, the
adjudicative officer shall award to a prevailing party reasonable litigation expenses
incurred by the party in connection with that proceeding. The adjudicative officer
will not award fees or expenses if the adjudicative officer finds that the agency
was substantially justified in actions leading to the proceedings and in the proceeding
itself. The adjudicative officer may, at the adjudicative officer's discretion, deny
fees or expenses if special circumstances make an award unjust. The award shall be
made at the conclusion of any adjudicatory proceeding, including, but not limited
to, conclusions by a decision, an informal disposition, or termination of the proceeding
by the agency. The decision of the adjudicatory officer under this chapter shall be
made a part of the record and shall include written findings and conclusions. No other
agency official may review the award.
(b) If a court reviews the underlying decision of the adversary adjudication, an award
for fees and other expenses shall be made by that court in accordance with the provisions
of this chapter.