§ 42-92-1 - Purpose.
SECTION 42-92-1
§ 42-92-1 Purpose. – (a) It is declared that both the state and its municipalities and theirrespective various agencies possess a tremendous power in their ability toaffect the individuals and businesses they regulate or otherwise affectdirectly. The legislature further finds that the abilities of agencies todetermine benefits, impose fines, suspend or revoke licenses, or to compel orrestrict activities imposes a great, and to a certain extent, unfair, burdenupon individuals and small businesses in particular. The legislature furtherfinds that this situation often tempts state agencies to proceed againstindividuals or small businesses which are least able to contest the agency'sactions, and that often results in actions other than those which are in thebest interest of the public.
(b) The legislature further finds that by contesting anunjust agency action and prevailing, the individual or small business oftenperforms an important service to the public because it compels the agency toenforce the laws of this state and respective municipalities as they werewritten by the elected representatives of this state or the respectivemunicipalities. Therefore, in order to encourage individuals and smallbusinesses to contest unjust actions by the state and/or municipal agencies,the legislature hereby declares that the financial burden borne by theseindividuals and small businesses should be, in all fairness, subject to stateand/or municipal reimbursement of reasonable litigation expenses when theindividual or small business prevails in contesting an agency action, which waswithout substantial justification.