Oregon Statutes 183.497 – Awarding costs and attorney fees when finding for petitioner
(1) In a judicial proceeding designated under subsection (2) of this section the court:
Terms Used In Oregon Statutes 183.497
- Agency: means any state board, commission, department, or division thereof, or officer authorized by law to make rules or to issue orders, except those in the legislative and judicial branches. See Oregon Statutes 183.310
- Final order: means final agency action expressed in writing. See Oregon Statutes 183.310
- Order: includes any agency determination or decision issued in connection with a contested case proceeding. See Oregon Statutes 183.310
- Rule: means any agency directive, standard, regulation or statement of general applicability that implements, interprets or prescribes law or policy, or describes the procedure or practice requirements of any agency. See Oregon Statutes 183.310
(a) May, in its discretion, allow a petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.
(b) Shall allow 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 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 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 shall be paid from funds available to the state agency whose final order, declaratory ruling or rule was reviewed by the court. [1981 c.871 § 1; 1985 c.757 § 5]
183.497 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 183 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
(Appeals From Circuit Courts)