Section 1.32. Award of costs and attorneys fees.

 

(1)   Motion; itemized statement. If an individual, small non-profit corporation or small business is a prevailing party in a contested case, that prevailing party may submit a motion for costs and attorneys fees under s. 227.485 , Stats. A prevailing party shall submit the motion within 30 days after the administrative law judge issues a proposed decision under s. ATCP 1.30 (1) or 1.31 (2) (a) or, if the administrative law judge issues a final decision under s. ATCP 1.31 (2) (b) without issuing a proposed decision, within 30 days after the administrative law judge issues that final decision.

(2)   Reply. A division or state agency which is a party to the contested case, and whose action gave rise to the motion for costs and attorneys fees under sub. (1) , may file a written response to that motion. The response shall be filed within 30 days after the prevailing party's motion is filed under sub. (1) .

(3)   Decision.

(a) The administrative law judge shall issue a decision granting or denying a motion for costs and attorneys fees under sub. (1) . The administrative law judge may make a partial award of costs and attorneys fees, as provided under s. 227.485 (4) , Stats. The administrative law judge's decision shall include findings of fact, conclusions of law, and an order granting or denying an award. Except as provided under par. (b) , the administrative law judge's decision is final and shall comply with s. ATCP 1.31 (1) to (5) .

(b) If the administrative law judge is not the final decisionmaker in a contested case, the administrative law judge's decision under par. (a) shall be issued as a proposed decision. Within 30 days after the administrative law judge issues a proposed decision under this paragraph, the parties may file written objections to the proposed decision. After considering the written objections, the final decisionmaker shall issue a final decision granting or denying an award of costs and attorneys fees. The final decision shall comply with s. ATCP 1.31 (1) to (5) .

(c) A final decision under this subsection is subject to judicial review under s. 227.52 , Stats. A party may seek judicial review of a final decision granting or denying an award of costs and attorneys fees, regardless of whether the party petitions for judicial review of the department's final decision on the merits of the contested case.

Cr. Register, May, 1992, No. 437 , eff. 6-1-92; am. (3) (a) and (b), Register, June, 1999, No. 522 , eff. 7-1-99; CR 01-028 : am. (1), Register September 2001 No. 549 , eff. 10-1-01; CR 09-054 : am. (2), (3) (b) Register December 2010 No. 660 , eff. 1-1-11.