Indiana Administrative Code
Title 312 - NATURAL RESOURCES COMMISSION
Article 3 - ADJUDICATORY PROCEEDINGS
Rule 1 - Procedural Rules
Section 1-13 - Awards of litigation expenses for specified proceedings
Current through March 20, 2024
Authority: IC 14-10-2-4
Affected: IC 4-21.5; IC 14-22-26-5; IC 14-24-11-5; IC 14-34-15-10; IC 14-37-13-7
Sec. 13.
(a) This section governs an award of costs and expenses reasonably incurred, including attorney fees, under IC 14-22-26-5, IC 14-24-11-5, IC 14-34-15-10, or IC 14-37-13-7.
(b) Except as otherwise provided in this subsection, no award for costs and expenses, including attorney fees, shall be entered under IC 14-22-26-5, IC 14-24-11-5, or IC 14-37-13-7 unless there is a finding that the person against whom the award is made acted for the purpose of harassing or embarrassing an opposing party. The department may obtain an award for reasonable expenses incurred to seize and hold an animal, without a showing of harassment or embarrassment, if the department prevails under IC 14-22-26.
(c) Costs and expenses may be awarded from the department to any person, other than a permittee or the permittee's authorized representative, who initiates or participates in a proceeding under IC 14-37-13-7, and who prevails in whole or part, achieving at least some degree of success on the merits, upon a finding that the person made a substantial contribution to a full and fair determination of the issues.
(d) Appropriate costs and expenses, including attorney fees, may be awarded under IC 14-34-15-10 only as follows:
However, a contribution of a person who did not initiate a proceeding must be separate and distinct from the contribution made by a person initiating the proceeding.
(e) The commission may order a person requesting a hearing to pay the cost of the court reporter if the person requesting the hearing fails, after proper notice, to appear at the hearing.
(f) In determining what is a reasonable amount of attorney fees under subsection (b), consideration shall be given to the following factors:
(g) A party who wishes to seek litigation expenses must petition the director within thirty (30) days after the party receives notice of the final agency action. A party wishing to challenge the petition for an award must deliver a written response to the director within fifteen (15) days of service of the petition. If a petition and challenge are delivered to the director under this subsection, the director shall refer the matter to the division of hearings of the commission for the conduct of a proceeding under IC 4-21.5.