§ 34-52-2-2 Order for payment; findings

34-52-2-2 Order for payment; findings

Sec. 2. In addition to any other compensation awarded in a civil action involving an agency as a party, the court having jurisdiction in the case may enter an order against the agency for the payment of the reasonable fees and other expenses of a party, if the court finds that:

(1) the party files a written notice of the party's intent to seek reimbursement under this chapter (or IC 34-2-36 before its repeal) not later than thirty (30) days after the party files any pleading or other paper with the court;

(2) the party obtained final judgment in its favor;

(3) the party has obtained substantive relief that makes it probable that the party will prevail on the merits after remand of the case to the agency, if remand is necessary;

(4) the party is:

(A) a commercial or business entity (including a sole proprietorship or a partnership) with fewer than fifty (50) employees at the time of the:

(i) civil action; or

(ii) the agency action (as defined in IC 4-21.5-1-4) giving rise to the civil action;

but is not a subsidiary or affiliate of another entity that does not qualify as a small business under this clause; or

(B) an organization exempt from federal income taxation under Section 501 of the Internal Revenue Code; [FN1]

(5) to the extent that the fees and other expenses of the party are for attorney's fees or expert witness fees, the fees are based upon the number of actual hours of service performed multiplied by a reasonable fee for the service rendered not to exceed seventy-five dollars ($75) per hour;

(6) the party filed a claim not later than thirty (30) days after a final judgment was rendered; and

(7) section 3 of this chapter does not apply.

[FN1] 26 U.S.C.A. § 501.