IC 34-52-2
    Chapter 2. Awarding Fees and Other Expenses in ActionsInvolving the State

IC 34-52-2-1
Applicability of chapter
    Sec. 1. (a) Subject to any other statute governing reimbursementof fees and other expenses, this chapter applies to the reimbursementof the fees and other expenses incurred in preparing for orprosecuting:
        (1) a proceeding under IC 4-21.5-5 to judicially review a finalorder made by a state agency;
        (2) an appeal from a final determination made by the worker'scompensation board;
        (3) an appeal of a final determination made by the departmentof state revenue; or
        (4) an appeal of a final determination made by the departmentof workforce development or the department of workforcedevelopment unemployment insurance review board.
    (b) However, this chapter does not apply to an order or otherdetermination:
        (1) under:
            (A) IC 16-27-1;
            (B) IC 16-28;
            (C) IC 16-30;
            (D) IC 12-28-4; or
            (E) IC 12-28-5;
        (2) by an agency described by IC 25-1-8-1; or
        (3) by the board of podiatric medicine.
As added by P.L.1-1998, SEC.48. Amended by P.L.1-2010, SEC.140.

IC 34-52-2-2
Order for payment; findings
    Sec. 2. In addition to any other compensation awarded in a civilaction involving an agency as a party, the court having jurisdictionin the case may enter an order against the agency for the payment ofthe reasonable fees and other expenses of a party, if the court findsthat:
        (1) the party files a written notice of the party's intent to seekreimbursement under this chapter (or IC 34-2-36 before itsrepeal) not later than thirty (30) days after the party files anypleading or other paper with the court;
        (2) the party obtained final judgment in its favor;
        (3) the party has obtained substantive relief that makes itprobable that the party will prevail on the merits after remandof the case to the agency, if remand is necessary;
        (4) the party is:
            (A) a commercial or business entity (including a soleproprietorship or a partnership) with fewer than fifty (50)employees at the time of the:                (i) civil action; or
                (ii) the agency action (as defined in IC 4-21.5-1-4) givingrise to the civil action;
            but is not a subsidiary or affiliate of another entity that doesnot qualify as a small business under this clause; or
            (B) an organization exempt from federal income taxationunder Section 501 of the Internal Revenue Code;
        (5) to the extent that the fees and other expenses of the party arefor attorney's fees or expert witness fees, the fees are basedupon the number of actual hours of service performedmultiplied by a reasonable fee for the service rendered not toexceed seventy-five dollars ($75) per hour;
        (6) the party filed a claim not later than thirty (30) days after afinal judgment was rendered; and
        (7) section 3 of this chapter does not apply.
As added by P.L.1-1998, SEC.48.

IC 34-52-2-3
Award unauthorized; grounds
    Sec. 3. The court may not award fees or other expenses against anagency if:
        (1) the agency's only involvement in the case resulted from theagency's role as an arbiter of the legal rights, duties, immunities,privileges, or other legal interests of two (2) or more otherparties;
        (2) the agency as a party had a reasonable basis for its position;
        (3) the position of the agency as a party became unjustified asa result of an intervening change in applicable law; or
        (4) the fees or other expenses claimed were incurred toreimburse salaries or attorney's fees paid by a politicalsubdivision, a state, the United States government, or a foreignprovince or country.
As added by P.L.1-1998, SEC.48.

IC 34-52-2-4
Maximum amount; multiple parties
    Sec. 4. A party may be awarded an amount under this chapter notexceeding ten thousand dollars ($10,000). However, if more thanthree (3) parties in a case are eligible for an award under this chapter,the total award made to all parties in the case may not exceed thirtythousand dollars ($30,000).
As added by P.L.1-1998, SEC.48.

IC 34-52-2-5
Payment from appropriations; warrant
    Sec. 5. The agency against which an order is entered under thischapter shall pay the award from any money appropriated to the

agency. The court may order the auditor of state to draw a warrantupon the funds of the agency. The treasurer of state shall pay thewarrant when any appropriated and unencumbered funds areavailable to the agency.
As added by P.L.1-1998, SEC.48.

IC 34-52-2-6
Report of agency
    Sec. 6. (a) Each agency subject to an order to pay fees or expensesor that pays fees or other expenses under this chapter shall reportannually in an electronic format under IC 5-14-6 to the generalassembly the amount of fees and other expenses ordered or paidduring the preceding fiscal year by that agency.
    (b) In its report, the agency shall describe:
        (1) the number, nature, and amount of the awards;
        (2) the claims involved in the controversy; and
        (3) any other relevant information to aid the general assemblyin evaluating the scope and impact of these awards.
As added by P.L.1-1998, SEC.48. Amended by P.L.28-2004,SEC.174.