Indiana Code 4-21.5-3-27.5. Attorney’s fees
(1) the party challenging the agency action proves, by a preponderance of the evidence, that:
Terms Used In Indiana Code 4-21.5-3-27.5
- Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Statute: A law passed by a legislature.
(B) the agency pursued the action in bad faith;
(2) the agency action was unsupported by a statute or a valid rule, as provided in IC 4-22-2-44; or
(3) the agency has failed to demonstrate that the agency acted within its legal authority.
(b) Except as provided in subsection (c) and subject to IC 34-52-2-1.5, in a judicial review proceeding, the court shall order the agency to pay the other party’s reasonable attorney’s fees if:
(1) the other party prevailed before an administrative law judge;
(2) the agency initiated the proceeding for judicial review; and
(3) the other party prevailed in the judicial review proceeding.
(c) In a judicial review proceeding, the court may not award attorney’s fees against an agency under this section if:
(1) the agency’s only involvement in the case resulted from the agency’s role as an arbiter of the legal rights, duties, immunities, privileges, or other legal interests of two (2) or more parties; or
(2) the position of the agency as a party became unjustified as a result of an intervening change in applicable law.
As added by P.L.199-2021, SEC.1. Amended by P.L.249-2023, SEC.6; P.L.128-2024, SEC.9.