(1) A person who prevails following a contested case hearing under this chapter or ORS § 171.778 may be awarded reasonable attorney fees at the conclusion of the contested case or on appeal.

Terms Used In Oregon Statutes 244.400

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Docket: A log containing brief entries of court proceedings.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100

(2) Upon prevailing following a contested case hearing, the person may petition the Marion County Circuit Court for the purpose of determining the award of reasonable attorney fees. The Oregon Government Ethics Commission shall be named as a respondent in the petition. The petitioner and respondent shall follow the procedure provided in ORCP 68 for the determination of reasonable attorney fees. The court:

(a) May allow the petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.

(b) May withhold all or part of the attorney fees from any allowance to a petitioner if the court finds that the commission has proved that its action was substantially justified or that special circumstances exist that make the allowance of all or part of the attorney fees unjust.

(c) Shall give precedence on its docket to petitions filed under this subsection as the circumstances may require.

(3) An appellate court may award reasonable attorney fees to the person if the person prevails on appeal from any decision of the commission. The appellate court may withhold all or part of the attorney fees from any allowance to a person if the court finds that the commission has proved that its action was substantially justified or that special circumstances exist that make the allowance of all or part of the attorney fees unjust.

(4) Attorney fees to be awarded under this section shall be only those fees incurred by the person from the time the commission notifies the person that it has entered an order to move to a contested case proceeding.

(5) Any attorney fees awarded to the person pursuant to this section shall be paid from funds available to the commission. [1991 c.770 § 9; 1993 c.743 § 30; 2007 c.865 § 26; 2019 c.116 § 1]

 

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