31A-2-306 - Judicial review -- Costs.
31A-2-306. Judicial review -- Costs.
(1) A person aggrieved by a rule or order of the commissioner, or aggrieved by thecommissioner's failure to act when he has a duty to act, may obtain judicial review.
(2) The court reviewing agency actions governed by this title shall give priority to thoseactions and shall hear and determine them promptly.
(3) Costs shall be awarded as in civil cases. If the court finds that the appeal from actionor inaction stemmed from the bad faith or malice of the commissioner, the court may awardreasonable attorney's fees to the prevailing petitioner. Section 63G-7-701 applies to the extentthe attorney's fees awarded under this subsection exceed $10,000 for any one appeal.
Amended by Chapter 267, 2004 General Session