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2016 SESSION

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SB 746 Recovery of attorney fees from agency; actions brought in violation of law or for improper purpose.

Introduced by: Frank W. Wagner | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Recovery of costs and attorney fees from agency; actions brought in violation of law or for an improper purpose. Provides that a person who contests an agency action in a civil case brought under the Administrative Process Act and who substantially prevails on the merits of the case is entitled to recover reasonable costs and attorney fees from that agency if the agency action was in violation of law or was for an improper purpose. Under current law, such person is entitled to recover reasonable costs and attorney fees if the agency's position is not substantially justified, and the award of attorney fees is limited to $25,000.

SUMMARY AS PASSED SENATE:

Liability of governmental entity for certain inspections. Provides that a governmental entity employing a person who exceeds the scope of his authority when performing an inspection of a private entity to determine compliance with any law, regulation, or ordinance shall be liable for any damages arising from any enforcement action taken against the entity on the basis of the employee's inspection. The provisions of the bill do not apply to law-enforcement officers or fire marshals.

SUMMARY AS INTRODUCED:

Personal liability of government employees for certain inspections. Provides that a government employee who exceeds the scope of his authority when performing an inspection of a private entity to determine compliance with any law, regulation, or ordinance shall be personally liable for any damages arising from any enforcement action taken against the entity on the basis of the employee's inspection. The provisions of the bill do not apply to law-enforcement officers.