Text: H05127 Text: H05129 Text: H05100 - H05199 Text: H Index Bills and Amendments: General Index Bill History: General Index
This file contains UNDERSCORE. If you cannot see the UNDERSCORE attribute or would like to change how this attribute is displayed, please use the following form to make the desired change.
-->
PAG LIN
1 1 Amend House File 452 as follows:
1 2 #1. Page 1, by striking lines 3 through 34 and
1 3 inserting the following:
1 4 "NEW SUBSECTION. 4. AWARD OF ATTORNEY FEES AND
1 5 COSTS.
1 6 a. For the purposes of this subsection, unless the
1 7 context otherwise requires:
1 8 (1) "Eligible party" means a party in a proceeding
1 9 before the appeal board that is a sole proprietorship,
1 10 partnership, corporation, association, unit or
1 11 division of government, or public or private
1 12 organization with a net worth of not more than seven
1 13 million dollars and not more than five hundred
1 14 employees, a cooperative association or charitable
1 15 organization with no more than five hundred employees,
1 16 or an individual with a net worth of not more than two
1 17 million dollars.
1 18 (2) "Prevailing party" means an eligible party
1 19 which establishes that the party has substantially
1 20 prevailed with the amount in controversy or has
1 21 substantially prevailed with respect to the most
1 22 significant issue or set of issues presented and has
1 23 established that another party's position was not
1 24 substantially justified. The determination as to
1 25 whether a party is a prevailing party is to be
1 26 determined in accordance with chapter 17A.
1 27 b. The appeal board may award a prevailing party
1 28 in an administrative hearing reasonable litigation
1 29 costs not to exceed twenty-five thousand dollars per
1 30 contested case by the appeal board based on the
1 31 following:
1 32 (1) The reasonable expenses of expert witnesses.
1 33 (2) The reasonable costs of studies, reports, and
1 34 tests.
1 35 (3) The reasonable fees of attorneys.
1 36 However, litigation costs do not include any costs
1 37 prior to the filing of a notice of contest pursuant to
1 38 this section.
1 39 c. The appeal board, in its discretion, may reduce
1 40 or deny the amount to be awarded pursuant to this
1 41 subsection to the extent the prevailing party during
1 42 the course of the proceedings engaged in conduct which
1 43 unduly and unreasonably protracted the final
1 44 resolution of the matter in controversy. An award
1 45 shall not be made in the case of a settlement or for
1 46 issues which have been settled.
1 47 d. A party seeking an award of litigation costs
1 48 shall, within thirty days of a final adjudication,
1 49 submit to the appeal board an application which shows
1 50 the applicant is a prevailing party and is eligible to
2 1 receive an award under this subsection, and the amount
2 2 sought, including an itemized statement from any
2 3 attorney, agent, or expert witness representing or
2 4 appearing in behalf of the applicant stating the
2 5 actual time expended and the rate at which fees and
2 6 other expenses were computed. The applicant shall
2 7 also allege that the position of the opposing party
2 8 was not substantially justified. When a party appeals
2 9 the underlying merits of an adversary adjudication, no
2 10 decision on an application for litigation costs in
2 11 connection with the adversary adjudication shall be
2 12 made under this subsection until a final and
2 13 unreviewable decision is rendered by the board or a
2 14 court on the appeal or until the underlying merits of
2 15 the case have been finally determined pursuant to the
2 16 appeal.
2 17 e. The decision of the appeal board to award
2 18 litigation costs shall provide reasons for the award
2 19 made, and is subject to appeal in accordance with
2 20 section 17A.15."
2 21 #2. Title page, by striking lines 3 and 4 and
2 22 inserting the following: "under the law."
2 23
2 24
2 25
2 26 COMMITTEE ON LABOR AND
2 27 INDUSTRIAL RELATIONS
2 28 TYRRELL of Iowa, Chairperson
2 29 HF 452.201 76
2 30 ec/jj
Text: H05127 Text: H05129 Text: H05100 - H05199 Text: H Index Bills and Amendments: General Index Bill History: General Index
Iowa General Assembly
Search: House Bills and Amendments (76th General Assembly)
© 1996 Cornell College and League of Women Voters of Iowa
Comments? webmaster@legis.iowa.gov.
Last update: Thu Feb 29 08:19:28 CST 1996
URL: /DOCS/GA/76GA/Legislation/H/05100/H05128/960228.html
jhf