1999 Minnesota Statutes

     15.472 Fees and expenses; civil action or contested case 
  proceeding involving state. 

    (a) If a prevailing party other than the state, in a civil 
 action or contested case proceeding other than a tort action, 
 brought by or against the state, shows that the position of the 
 state was not substantially justified, the court or 
 administrative law judge shall award fees and other expenses to 
 the party unless special circumstances make an award unjust. 

    (b) The court or administrative law judge may reduce the 
 amount to be awarded under this section, or deny an award, to 
 the extent that the prevailing party during the proceedings 
 engaged in conduct that unduly and unreasonably protracted the 
 final resolution of the matter in controversy.  The decision of 
 an administrative law judge under this section must be made a 
 part of the record containing the final decision of the agency 
 and must include written findings and conclusions. 

    (c) This section does not preclude a party from recovering 
 costs, disbursements, fees, and expenses under other applicable 
 law. 

    HIST: 1986 c 377 s 2; 1988 c 469 art 1 s 1