78B-8-505 - Litigation expense award authorized in appeals from administrative decisions.
78B-8-505. Litigation expense award authorized in appeals from administrativedecisions.
(1) In any civil judicial appeal taken from an administrative decision regarding a matterin which the administrative action was commenced by the state, and which involves the businessregulatory functions of the state, a court may award reasonable litigation expenses to any smallbusiness which is a named party if the small business prevails in the appeal and the court findsthat the state action was undertaken without substantial justification.
(2) Any state agency or political subdivision may require by rule or ordinance that asmall business exhaust administrative remedies prior to making a claim under this part.
Renumbered and Amended by Chapter 3, 2008 General Session