Current through September 18, 2024
A. Qualifications
for a Petition for Reasonable Litigation Expenses. An award of reasonable
litigation expenses to a respondent may be made when:
1. the Commission initiated the charge filed
against the respondent; and,
2. the
respondent prevails after a final hearing on the merits; and,
3. the respondent is an individual whose net
worth is less than the limit established by the Equal Access to Justice Act, at
the time of the commencement of the first hearing or is any individual,
partnership, corporation, association or private organization doing business
and located in the state, which is independently owned and operated, not
dominant in its field, and which employs one hundred (100) or fewer persons at
the time of the commencement of the first hearing; and,
4. the award is required by law.
B. Form and Procedure. Unless
specifically provided otherwise in this Part, the following procedures shall
apply to all Petitions for Reasonable Litigation Expenses.
1. If a respondent qualifies to apply for an
award of reasonable litigation expenses as specified above in §
2.18(A) of
this Part, they may petition for an award of such expenses within thirty (30)
days after the mailing date of the Commission Decision and Order which finds in
favor of the respondent after a final hearing on the merits. The Petition must
include a completed Commission form.
2. All Petitions filed pursuant to §
2.18(A) of
this Part shall contain:
a. a statement that
the respondent requesting the reasonable litigation expenses qualifies as a
"party" pursuant to the Equal Access to Justice Act;
b. a summary of the legal and factual basis
for filing the Petition;
c. a
detailed breakdown of the reasonable litigation expenses incurred by the
respondent in the adjudicatory proceeding, including copies of invoices, bills,
affidavits, and any further documents requested by the Commission subsequent to
the initial filing of the Petition; and
d. a notarized statement swearing to the
accuracy and truthfulness of the statements and information contained in the
Petition, and/or filed in support thereof.
C. Objections. The complainant or Civil
Prosecutor may file an objection to the Petition for an award setting forth
their reasons therefore. Such objection(s) must be filed with the hearing
officer within thirty (30) days after receipt of the respondent's Petition, but
the period for filing such objection may be extended for good cause
shown.
D. Hearing and Decision on
Respondent's Petition For Reasonable Litigation Expenses. When the Commission
receives a Petition for reasonable litigation expenses, which appears to meet
the qualifications set forth in §
2.18(A) of
this Part, it will schedule a hearing on the Petition. Three (3) Commissioners
will review the transcript of the hearing along with exhibits, the Petition,
objections and memoranda and issue a Decision and Order on the Petition. The
respondent must prove that an award of reasonable litigation expenses is
required by law.
E. Disallowance of
Awards. Unless otherwise specifically provided in these Regulations, the
following standards shall apply to all awards:
1. No award of reasonable litigation expenses
may be made if there is a finding that the Commission had substantial
justification in the actions leading to the proceeding and the proceeding
itself, or that the respondent failed to prove entitlement to reasonable
litigation expenses.
2. The
Commission may, in its discretion, deny fees or expenses if special
circumstances make an award unjust.
3. A Decision and Order disallowing a
Petition for Reasonable Litigation Expenses shall include written findings and
conclusions with respect to the denial of the award.
