Bill Text: OR HB3497 | 2013 | Regular Session | Introduced

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Bill Title: Relating to attorney fees for judicial review of agency actions.

Sponsorship: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB3497 Detail]

Download: Oregon-2013-HB3497-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3873

                         House Bill 3497

Sponsored by Representative KOMP, Senators GIROD, MONROE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Authorizes court to award attorney fees and costs in favor of
state agency that is prevailing party in proceeding on judicial
review of agency action.

                        A BILL FOR AN ACT
Relating to attorney fees for judicial review of agency actions;
  amending ORS 183.497.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 183.497 is amended to read:
  183.497. (1) In a judicial proceeding designated under
subsection (2) of this section the court:
  (a) May, in its discretion,   { - allow a petitioner - }  { +
award a prevailing party + } reasonable attorney fees and costs
 { - if the court finds in favor of the petitioner - } .
  (b) Shall   { - allow - }  { +  award + } a petitioner
reasonable attorney fees and costs if the court finds in favor of
the petitioner and determines that the state agency acted without
a reasonable basis in fact or in law; but the court may withhold
all or part of the attorney fees from any   { - allowance - }
 { +  award + } to a petitioner if the court finds that the state
agency has proved that its action was substantially justified or
that special circumstances exist that make the
 { - allowance - }  { +  award + } of all or part of the attorney
fees unjust.
  (2) The provisions of subsection (1) of this section apply to
an administrative or judicial proceeding brought by a petitioner
against a state agency, as defined in ORS 291.002, for:
  (a) Judicial review of a final order as provided in ORS 183.480
to 183.484;
  (b) Judicial review of a declaratory ruling provided in ORS
183.410; or
  (c) A judicial determination of the validity of a rule as
provided in ORS 183.400.
  (3)   { - Amounts allowed under this section for - }
Reasonable attorney fees and costs  { + awarded to a petitioner
under this section + } shall be paid from funds available to the
state agency whose final order, declaratory ruling or rule was
reviewed by the court.
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