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§12-941.
§12-941.
A. The defendant in any civil action brought in any court of this
state by any state agency, board, commission, department, authority or
bureau authorized to make rules or formulate orders shall be entitled
to recover against such state entity court costs, witness fees and
reasonable attorney fees if the court determines that the action was
brought without reasonable basis or is frivolous. This subsection
shall apply to any action commenced on or after October 1, 1982.
B. The respondent in any proceeding brought before any state
administrative tribunal by any state agency, board, commission,
department, authority or bureau authorized to make rules or formulate
orders shall be entitled to recover against such state entity court
costs, witness fees and reasonable attorney fees if the tribunal or a
court of proper jurisdiction determines that the proceeding was
brought without reasonable basis or is frivolous; provided, however,
if the tribunal is required by law to act upon complaints and
determines that the complaint had no reasonable basis or is frivolous,
the tribunal may assess the respondent's costs, witness fees and
reasonable attorney fees against the complainant. This subsection
shall apply to any proceeding before any state administrative tribunal
commenced on or after November 1, 1987.
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