Award unauthorized; grounds
Sec. 3. The court may not award fees or other expenses against an
agency if:
(1) the agency's only involvement in the case resulted from the
agency's role as an arbiter of the legal rights, duties, immunities,
privileges, or other legal interests of two (2) or more other
parties;
(2) the agency as a party had a reasonable basis for its position;
(3) the position of the agency as a party became unjustified as
a result of an intervening change in applicable law; or
(4) the fees or other expenses claimed were incurred to
reimburse salaries or attorney's fees paid by a political
subdivision, a state, the United States government, or a foreign
province or country.
As added by P.L.1-1998, SEC.48.
Last modified: May 24, 2006