IC 34-52-2
Chapter 2. Awarding Fees and Other Expenses in Actions
Involving the State
IC 34-52-2-1 Applicability of chapter
Sec. 1. (a) Subject to any other statute governing reimbursement
of fees and other expenses, this chapter applies to the reimbursement
of the fees and other expenses incurred in preparing for or
prosecuting:
(1) a proceeding under IC 4-21.5-5 to judicially review a final
order made by a state agency;
(2) an appeal from a final determination made by the worker's
compensation board;
(3) an appeal of a final determination made by the department
of state revenue; or
(4) an appeal of a final determination made by the department
of workforce development or the department of workforce
development unemployment insurance review board.
(b) However, this chapter does not apply to an order or other
determination:
(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 civil
action involving an agency as a party, the court having jurisdiction
in the case may enter an order against the agency for the payment of
the reasonable fees and other expenses of a party, if the court finds
that:
(1) the party files a written notice of the party's intent to seek
reimbursement under this chapter (or IC 34-2-36 before its
repeal) not later than thirty (30) days after the party files any
pleading or other paper with the court;
(2) the party obtained final judgment in its favor;
(3) the party has obtained substantive relief that makes it
probable that the party will prevail on the merits after remand
of the case to the agency, if remand is necessary;
(4) the party is:
(A) a commercial or business entity (including a sole
proprietorship 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) giving
rise to the civil action;
but is not a subsidiary or affiliate of another entity that does
not qualify as a small business under this clause; or
(B) an organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code;
(5) to the extent that the fees and other expenses of the party are
for attorney's fees or expert witness fees, the fees are based
upon the number of actual hours of service performed
multiplied by a reasonable fee for the service rendered not to
exceed seventy-five dollars ($75) per hour;
(6) the party filed a claim not later than thirty (30) days after a
final 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 an
agency 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 other
parties;
(2) the agency as a party had a reasonable basis for its position;
(3) the position of the agency as a party became unjustified as
a result of an intervening change in applicable law; or
(4) the fees or other expenses claimed were incurred to
reimburse salaries or attorney's fees paid by a political
subdivision, a state, the United States government, or a foreign
province 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 not
exceeding ten thousand dollars ($10,000). However, if more than
three (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 thirty
thousand 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 this
chapter shall pay the award from any money appropriated to the
agency. The court may order the auditor of state to draw a warrant
upon the funds of the agency. The treasurer of state shall pay the
warrant when any appropriated and unencumbered funds are
available 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 expenses
or that pays fees or other expenses under this chapter shall report
annually in an electronic format under IC 5-14-6 to the general
assembly the amount of fees and other expenses ordered or paid
during 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 assembly
in 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.
IC 34-52-2
Chapter 2. Awarding Fees and Other Expenses in Actions
Involving the State
IC 34-52-2-1 Applicability of chapter
Sec. 1. (a) Subject to any other statute governing reimbursement
of fees and other expenses, this chapter applies to the reimbursement
of the fees and other expenses incurred in preparing for or
prosecuting:
(1) a proceeding under IC 4-21.5-5 to judicially review a final
order made by a state agency;
(2) an appeal from a final determination made by the worker's
compensation board;
(3) an appeal of a final determination made by the department
of state revenue; or
(4) an appeal of a final determination made by the department
of workforce development or the department of workforce
development unemployment insurance review board.
(b) However, this chapter does not apply to an order or other
determination:
(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 civil
action involving an agency as a party, the court having jurisdiction
in the case may enter an order against the agency for the payment of
the reasonable fees and other expenses of a party, if the court finds
that:
(1) the party files a written notice of the party's intent to seek
reimbursement under this chapter (or IC 34-2-36 before its
repeal) not later than thirty (30) days after the party files any
pleading or other paper with the court;
(2) the party obtained final judgment in its favor;
(3) the party has obtained substantive relief that makes it
probable that the party will prevail on the merits after remand
of the case to the agency, if remand is necessary;
(4) the party is:
(A) a commercial or business entity (including a sole
proprietorship 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) giving
rise to the civil action;
but is not a subsidiary or affiliate of another entity that does
not qualify as a small business under this clause; or
(B) an organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code;
(5) to the extent that the fees and other expenses of the party are
for attorney's fees or expert witness fees, the fees are based
upon the number of actual hours of service performed
multiplied by a reasonable fee for the service rendered not to
exceed seventy-five dollars ($75) per hour;
(6) the party filed a claim not later than thirty (30) days after a
final 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 an
agency 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 other
parties;
(2) the agency as a party had a reasonable basis for its position;
(3) the position of the agency as a party became unjustified as
a result of an intervening change in applicable law; or
(4) the fees or other expenses claimed were incurred to
reimburse salaries or attorney's fees paid by a political
subdivision, a state, the United States government, or a foreign
province 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 not
exceeding ten thousand dollars ($10,000). However, if more than
three (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 thirty
thousand 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 this
chapter shall pay the award from any money appropriated to the
agency. The court may order the auditor of state to draw a warrant
upon the funds of the agency. The treasurer of state shall pay the
warrant when any appropriated and unencumbered funds are
available 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 expenses
or that pays fees or other expenses under this chapter shall report
annually in an electronic format under IC 5-14-6 to the general
assembly the amount of fees and other expenses ordered or paid
during 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 assembly
in 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.
IC 34-52-2
Chapter 2. Awarding Fees and Other Expenses in Actions
Involving the State
IC 34-52-2-1 Applicability of chapter
Sec. 1. (a) Subject to any other statute governing reimbursement
of fees and other expenses, this chapter applies to the reimbursement
of the fees and other expenses incurred in preparing for or
prosecuting:
(1) a proceeding under IC 4-21.5-5 to judicially review a final
order made by a state agency;
(2) an appeal from a final determination made by the worker's
compensation board;
(3) an appeal of a final determination made by the department
of state revenue; or
(4) an appeal of a final determination made by the department
of workforce development or the department of workforce
development unemployment insurance review board.
(b) However, this chapter does not apply to an order or other
determination:
(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 civil
action involving an agency as a party, the court having jurisdiction
in the case may enter an order against the agency for the payment of
the reasonable fees and other expenses of a party, if the court finds
that:
(1) the party files a written notice of the party's intent to seek
reimbursement under this chapter (or IC 34-2-36 before its
repeal) not later than thirty (30) days after the party files any
pleading or other paper with the court;
(2) the party obtained final judgment in its favor;
(3) the party has obtained substantive relief that makes it
probable that the party will prevail on the merits after remand
of the case to the agency, if remand is necessary;
(4) the party is:
(A) a commercial or business entity (including a sole
proprietorship 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) giving
rise to the civil action;
but is not a subsidiary or affiliate of another entity that does
not qualify as a small business under this clause; or
(B) an organization exempt from federal income taxation
under Section 501 of the Internal Revenue Code;
(5) to the extent that the fees and other expenses of the party are
for attorney's fees or expert witness fees, the fees are based
upon the number of actual hours of service performed
multiplied by a reasonable fee for the service rendered not to
exceed seventy-five dollars ($75) per hour;
(6) the party filed a claim not later than thirty (30) days after a
final 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 an
agency 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 other
parties;
(2) the agency as a party had a reasonable basis for its position;
(3) the position of the agency as a party became unjustified as
a result of an intervening change in applicable law; or
(4) the fees or other expenses claimed were incurred to
reimburse salaries or attorney's fees paid by a political
subdivision, a state, the United States government, or a foreign
province 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 not
exceeding ten thousand dollars ($10,000). However, if more than
three (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 thirty
thousand 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 this
chapter shall pay the award from any money appropriated to the
agency. The court may order the auditor of state to draw a warrant
upon the funds of the agency. The treasurer of state shall pay the
warrant when any appropriated and unencumbered funds are
available 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 expenses
or that pays fees or other expenses under this chapter shall report
annually in an electronic format under IC 5-14-6 to the general
assembly the amount of fees and other expenses ordered or paid
during 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 assembly
in 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.
