Indiana Code 4-21.5-3-27.5. Attorney’s fees
Current as of: 2023 | Check for updates
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Sec. 27.5. In a proceeding under this chapter concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney‘s fees incurred in the proceeding by the prevailing party challenging the agency action if:
(A) the agency’s action was frivolous or groundless; or
(1) the party challenging the agency action proves, by a preponderance of the evidence, that:
Terms Used In Indiana Code 4-21.5-3-27.5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(B) the agency pursued the action in bad faith;
(2) the agency action was based on an invalid rule, as provided in IC 4-22-2-44; or
(3) the agency has failed to demonstrate that the agency acted within its legal authority.
As added by P.L.199-2021, SEC.1. Amended by P.L.249-2023, SEC.6.