Wyoming Administrative Code
Agency 020 - Environmental Quality, Dept. of
Sub-Agency 0008 - Practice and Procedure
Chapter 5 - PETITIONS FOR AWARD OF COSTS AND EXPENSES UNDER W.S. 35-11-437(f)
Section 5-1 - Petition and Answer
Current through September 21, 2024
(a) As described in W.S. 35-11-437(f), a petition for award of costs and expenses must be filed with the Council within forty-five (45) days of receipt of a final order from the Council, in accordance with Chapter 2, Section 5 of these rules. Any person served with a copy of the petition shall have thirty (30) days from service within which to file an answer to the petition. Failure to make a timely filing of the petition may constitute a waiver of the right to such an award.
(b) The petition shall contain the petitioner's name and a detailed accounting, including receipts, of all costs and expenses authorized under W.S. 35-11-437(f). Where attorneys' fees are claimed, the petition shall include evidence concerning the hours expended on the case, the customary commercial rate of payment for such services in the area, and the experience, reputation and ability of the individual(s) performing the services.
(c) Any proceeding to award costs under W.S. 35-11-437(f) shall follow the contested case procedures outlined in Chapter 2 of these rules.