Order for payment; findings
Sec. 2. In addition to any other compensation awarded in a civil
action involving an agency as a party, the court having jurisdiction
in the case may enter an order against the agency for the payment of
the reasonable fees and other expenses of a party, if the court finds
that:
(1) the party files a written notice of the party's intent to seek
reimbursement under this chapter (or IC 34-2-36 before its
repeal) not later than thirty (30) days after the party files any
pleading or other paper with the court;
(2) the party obtained final judgment in its favor;
(3) the party has obtained substantive relief that makes it
probable that the party will prevail on the merits after remand
of the case to the agency, if remand is necessary;
(4) the party is:
(A) a commercial or business entity (including a sole
proprietorship or a partnership) with fewer than fifty (50)
employees at the time of the:
(i) civil action; or
(ii) the agency action (as defined in IC 4-21.5-1-4) giving
rise to the civil action;
but is not a subsidiary or affiliate of another entity that does
not qualify as a small business under this clause; or
(B) an organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code;
(5) to the extent that the fees and other expenses of the party are
for attorney's fees or expert witness fees, the fees are based
upon the number of actual hours of service performed
multiplied by a reasonable fee for the service rendered not to
exceed seventy-five dollars ($75) per hour;
(6) the party filed a claim not later than thirty (30) days after a
final judgment was rendered; and
(7) section 3 of this chapter does not apply.
As added by P.L.1-1998, SEC.48.
Last modified: May 24, 2006