Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 1-9 - General
Chapter ATCP 1 - Administrative Orders And Contested Cases
Subchapter VI - Decisions and Judicial Review
Section ATCP 1.32 - Award of costs and attorneys fees
Current through August 26, 2024
(1) MOTION; ITEMIZED STATEMENT. If an individual, small non-profit corporation or small business is a prevailing party in a contested case, that prevailing party may submit a motion for costs and attorneys fees under s. 227.485, Stats. A prevailing party shall submit the motion within 30 days after the administrative law judge issues a proposed decision under s. ATCP 1.30(1) or 1.31(2) (a) or, if the administrative law judge issues a final decision under s. ATCP 1.31(2) (b) without issuing a proposed decision, within 30 days after the administrative law judge issues that final decision.
(2) REPLY. A division or state agency which is a party to the contested case, and whose action gave rise to the motion for costs and attorneys fees under sub. (1), may file a written response to that motion. The response shall be filed within 30 days after the prevailing party's motion is filed under sub. (1).
(3) DECISION.