§ 6-19.1. Attorney's fees to parties appealing or defending against agency decision.
§ 6‑19.1. Attorney'sfees to parties appealing or defending against agency decision.
(a) In any civilaction, other than an adjudication for the purpose of establishing or fixing arate, or a disciplinary action by a licensing board, brought by the State orbrought by a party who is contesting State action pursuant to G.S. 150B‑43or any other appropriate provisions of law, unless the prevailing party is theState, the court may, in its discretion, allow the prevailing party to recoverreasonable attorney's fees, including attorney's fees applicable to theadministrative review portion of the case, in contested cases arising underArticle 3 of Chapter 150B, to be taxed as court costs against the appropriateagency if:
(1) The court finds thatthe agency acted without substantial justification in pressing its claimagainst the party; and
(2) The court finds thatthere are no special circumstances that would make the award of attorney's feesunjust. The party shall petition for the attorney's fees within 30 daysfollowing final disposition of the case. The petition shall be supported by anaffidavit setting forth the basis for the request.
Nothing in this section shallbe deemed to authorize the assessment of attorney's fees for the administrativereview portion of the case in contested cases arising under Article 9 ofChapter 131E of the General Statutes.
Nothing in this section grantspermission to bring an action against an agency otherwise immune from suit orgives a right to bring an action to a party who otherwise lacks standing tobring the action.
Any attorney's fees assessedagainst an agency under this section shall be charged against the operatingexpenses of the agency and shall not be reimbursed from any other source.
(b) (Effective untilJune 30, 2012) No party shall be entitled to recover attorneys' fees in anycivil action regarding any claim, dispute, and/or protest relating to: (i) theimplementation of the American Recovery and Reinvestment Act of 2009 (ARRA)(Public Law 111‑5); (ii) the award of contracts or grants thereunder bythe State and its departments, institutions, offices, agencies, universities,community colleges, counties, municipalities, and local education authorities;(iii) a vendor's default under an ARRA contract; and/or (iv) a vendor'sdebarment resulting from a default of an ARRA contract. (1983, c. 918, s. 1; 1987,c. 827, s. 1; 2000‑190, s. 1; 2009‑475, s. 8.)