§ 29-37-101. Short Title

This chapter shall be known and may be cited as the “Equal Access to Justice Act of 1984.”

§ 29-37-102. Legislative Intent

There are occasions when inequities exist between government and small business in terms of the ability with which each is able, without economic hardship, to be properly represented in administrative proceedings and in the courts. As part of the general assembly’s continuing efforts to assure fairness and equity to all the citizens of this state, […]

§ 29-37-103. Chapter Definitions

As used in this chapter, unless the context otherwise requires: “Fees and other expenses” means those reasonable attorney’s fees and expert witness fees as determined by the court plus reasonable expenses and court costs, but does not include any portion of an attorney’s fees or salary paid by a unit of local, state, or federal […]

§ 29-37-104. Claims and Awards for Fees and Expenses

Unless otherwise provided by law, the court having jurisdiction over the civil action brought by a state agency or over an action for judicial review brought pursuant to § 4-5-322, may award reasonable and actual fees and other expenses not to exceed ten thousand dollars ($10,000) to the prevailing party unless the prevailing party is […]

§ 29-37-105. Exceptions

This chapter shall not apply to: Proceedings or actions involving the employment, discipline, or discharge of wages, hours and working conditions of employees; Proceedings or actions wherein the state or local government, through any of its departments, institutions or agencies is exercising its power of condemnation or eminent domain; Proceedings or actions involving the payment […]

§ 29-37-106. Bad Faith or Frivolous Claims

If the court finds that the small business’ claim for fees and other expenses under this chapter was made in bad faith or was frivolous or was made for the sole basis of harassment, the court may impose a fine on the small business of not more than two thousand dollars ($2,000) which will go […]