Louisiana Revised Statutes 49:978.2 – A. If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudi
Terms Used In Louisiana Revised Statutes 49:978.2
- Adjudication: means agency process for the formulation of a decision or order. See Louisiana Revised Statutes 49:951
- Agency: means each state board, commission, department, agency, officer, or other entity which makes rules, regulations, or policy, or formulates, or issues decisions or orders pursuant to, or as directed by, or in implementation of the constitution or laws of the United States or the constitution and statutes of Louisiana, except the legislature or any branch, committee, or officer thereof, any political subdivision, as defined in La. See Louisiana Revised Statutes 49:951
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- order: means the whole or any part of the final disposition (whether affirmative, negative, injunctive, or declaratory in form) of any agency, in any matter other than rulemaking, required by constitution or statute to be determined on the record after notice and opportunity for an agency hearing, and including non-revenue licensing, when the grant, denial, or renewal of a license is required by constitution or statute to be preceded by notice and opportunity for hearing. See Louisiana Revised Statutes 49:951
- Oversight: Committee review of the activities of a Federal agency or program.
- Party: means each person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party. See Louisiana Revised Statutes 49:951
- Person: means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency, except that an agency is a "person" for the purpose of appealing an administrative ruling in a disciplinary action brought pursuant to Title 37 of the Louisiana Revised Statutes of 1950 prior to the final adjudication of such disciplinary action. See Louisiana Revised Statutes 49:951
A. If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudication proceeding and such agency, official, or person does not prevail in the final disposition of the judicial review, the agency shall be responsible for the payment of reasonable attorney fees and court costs of the other party.
B. Notwithstanding any provision of La. Rev. Stat. 13:4521 to the contrary, an agency or official thereof, or other person acting on behalf of an agency or official thereof, which files a petition for judicial review of a final decision or order in an adjudication proceeding shall be required to pay court costs.
C. All payments for litigation expenses required by this Section shall be paid from the agency’s regular operating budget. Each agency which has paid litigation expenses shall submit a detailed report of all payments from the prior fiscal year to its legislative oversight committees and to the Joint Legislative Committee on the Budget no later than November fifteenth of each year. For the purposes of this Subsection and of La. Rev. Stat. 49:992(H), the term “litigation expenses” shall mean court costs and attorney fees of the agency and of any other party if the agency was required to pay costs and fees.
Acts 2003, No. 1271, §1, eff. July 11, 2003; Acts 2022, No. 663, §1; Redesignated from La. Rev. Stat. 49:964.1.
NOTE: Former R.S 49:978.2 redesignated as La. Rev. Stat. 49:974.2 by Acts 2022, No. 663, §1.