ORS 244.400
Possibility of attorney fees for person prevailing in contested case


(1)

A person who prevails following a contested case hearing under this chapter or ORS 171.778 (Complaint and adjudicatory process) may be awarded reasonable attorney fees at the conclusion of the contested case or on appeal.

(2)

Upon prevailing following a contested case hearing, the person may petition the Marion County Circuit Court for the purpose of determining the award of reasonable attorney fees. The Oregon Government Ethics Commission shall be named as a respondent in the petition. The petitioner and respondent shall follow the procedure provided in ORCP 68 for the determination of reasonable attorney fees. The court:

(a)

May allow the petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.

(b)

May withhold all or part of the attorney fees from any allowance to a petitioner if the court finds that the commission 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.

(c)

Shall give precedence on its docket to petitions filed under this subsection as the circumstances may require.

(3)

An appellate court may award reasonable attorney fees to the person if the person prevails on appeal from any decision of the commission. The appellate court may withhold all or part of the attorney fees from any allowance to a person if the court finds that the commission 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.

(4)

Attorney fees to be awarded under this section shall be only those fees incurred by the person from the time the commission notifies the person that it has entered an order to move to a contested case proceeding.

(5)

Any attorney fees awarded to the person pursuant to this section shall be paid from funds available to the commission. [1991 c.770 §9; 1993 c.743 §30; 2007 c.865 §26; 2019 c.116 §1]

Source: Section 244.400 — Possibility of attorney fees for person prevailing in contested case, https://www.­oregonlegislature.­gov/bills_laws/ors/ors244.­html.

244.010
Policy
244.020
Definitions
244.025
Gift limit
244.040
Prohibited use of official position or office
244.042
Honoraria
244.045
Regulation of subsequent employment of public officials
244.047
Financial interest in public contract
244.049
Prohibition on use of moneys to make payments in connection with nondisclosure agreement relating to workplace harassment
244.050
Persons required to file statement of economic interest
244.055
Additional reporting requirements for State Treasury
244.060
Form of statement of economic interest
244.070
Additional statement of economic interest
244.090
Report on association with compensated lobbyist
244.100
Statements of expenses or honoraria provided to public official
244.110
Statements subject to penalty for false swearing
244.115
Filing required for member of Congress or candidate
244.120
Methods of handling conflicts
244.130
Recording of notice of conflict
244.160
Filing of statement of economic interest by public official of political subdivision other than city or county
244.162
Information provided to persons required to file statement of economic interest
244.165
Rules or policies of state agency or association of public bodies
244.175
Definitions for ORS 244.177 and 244.179
244.177
Employment of relative or member of household
244.179
Supervision of relative or member of household
244.205
Legal expense trust fund
244.207
Use of fund proceeds
244.209
Application to establish fund
244.211
Duties of trustee
244.213
Contributions to fund
244.215
Fund account
244.217
Statement of contributions received and expenditures made
244.218
Quarterly filing of statements
244.219
Termination of fund
244.221
Disposition of moneys in terminated fund
244.250
Oregon Government Ethics Commission
244.255
Commission funding
244.260
Complaint and adjudicatory process
244.270
Findings as grounds for removal
244.280
Commission advisory opinions
244.282
Executive director and staff advisory opinions
244.284
Staff advice
244.290
General duties of commission
244.300
Status of records
244.310
Executive director
244.320
Manual on government ethics
244.330
Distribution of manual on government ethics
244.340
Continuing education program
244.345
Oregon Government Ethics Commission Account
244.350
Civil penalties
244.355
Failure to file trading statement
244.360
Additional civil penalty equal to twice amount of financial benefit
244.370
Civil penalty procedure
244.390
Status of penalties and sanctions
244.400
Possibility of attorney fees for person prevailing in contested case
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