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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

SUMMARY AS PASSED: (all summaries)

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.


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