§ 42-92-1. Purpose. (a) It is declared that both the state and its municipalities and their respective various agencies possess a tremendous power in their ability to affect the individuals and businesses they regulate or otherwise affect directly. The legislature further finds that the abilities of agencies to determine benefits, impose fines, suspend or revoke […]
§ 42-92-2. Definitions. As used in this chapter: (1) “Adjudicative officer” means the deciding official, without regard to whether the official is designated as an administrative law judge, a hearing officer or examiner, or otherwise, who presided at the adversary adjudication. (2) “Adjudicatory proceedings” means any proceeding conducted by, or on behalf of, the state, […]
§ 42-92-3. Award of reasonable litigation expenses. (a) Whenever the agency conducts an adjudicatory proceeding subject to this chapter, the adjudicative officer shall award to a prevailing party reasonable litigation expenses incurred by the party in connection with that proceeding. The adjudicative officer will not award fees or expenses if he or she finds that […]
§ 42-92-4. Procedures. Any agency authorized to conduct an adjudicatory proceeding shall, by rule, establish uniform procedures for the submission and consideration of applications for an award under this section. Claimants must be given at least thirty (30) days to apply. History of Section.P.L. 1985, ch. 215, § 1.
§ 42-92-5. Appeal. Any party dissatisfied with the fee determination by the adjudicatory officer may appeal to the court having jurisdiction to review the merits of the underlying decision of the agency adversary adjudication. If the court grants the petition, it may modify the fee determination if it finds that the failure to make an […]
§ 42-92-6. Payment of award. Notwithstanding any other provisions of the general or public laws, fees and other expenses awarded under this chapter shall be paid by the agency from any sums available to the agency. No amounts shall be appropriated to the agency specifically for the purpose of paying fees and other expenses awarded […]
§ 42-92-7. Precedence. This chapter is intended to supplement the provisions of chapter 35 of this title. In the event of any conflict between the provisions of this chapter and those of chapter 35 of this title, the provisions of chapter 35 of this title shall control. History of Section.P.L. 1985, ch. 215, § 1.
§ 42-92-8. Severability. If any clause, sentence, paragraph, section, or part of this chapter shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair, or invalidate the remainder of this chapter. The judgment shall be confined in operation to the clause, sentence, paragraph, section, or part directly […]
