Section 6.30.492. Attorney's fees or costs.  


Latest version.
  • 	(a)  Not later than 10 days after the decision of the hearing commissioners is served, a party may request by motion the commission to order the payment of attorney's fees or costs. The motion shall be filed with the administrative law judge or hearing examiner. After providing a reasonable opportunity to respond, the administrative law judge or hearing examiner shall issue a recommended decision on the motion. The recommended decision is subject to the procedures in 6 AAC 30.470(d) and (e). The hearing commissioners will issue a final order on the motion in accordance with the procedures set out in 6 AAC 30.480(a) and (c) - (e).  
    	(b)  An award of attorney's fees and costs will be made against a complainant upon a showing that he or she pursued an action not authorized by the executive director that was frivolous, unreasonable, or groundless, or that an action authorized by the executive director was based upon information furnished in bad faith by complainant.  
    	(c)  No award will be made for attorney's fees and costs incurred by a party before issuance of notice of conciliation failure.  
    

Authorities

18.80.050;18.80.130;18.80.135

Notes


Reference

6 AAC 30.490
Authority
AS 18.80.050 AS 18.80.130 AS 18.80.135
History
Eff. 3/12/81, Register 77; am 3/22/2014, Register 209