ORS 182.090
State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably

(1)

In any civil judicial proceeding involving as adverse parties a state agency, as defined in ORS 291.002 (Definitions), and a petitioner, the court shall award the petitioner reasonable attorney fees and reasonable expenses if the court finds in favor of the petitioner and also finds that the state agency acted without a reasonable basis in fact or in law.

(2)

Amounts allowed under this section for reasonable attorney fees and expenses shall be paid from funds available to the state agency. The court may withhold all or part of the attorney fees from any award to a petitioner if the court finds that the state agency has proved that its action was substantially justified or that special circumstances exist which make the award of all or a portion of the attorney fees unjust.

(3)

As used in this section, “civil judicial proceeding” means any proceeding, other than a criminal proceeding as defined in ORS 131.005 (General definitions) (7), conducted before a court of this state. [1981 c.871 §2; 1983 c.763 §61]

Source: Section 182.090 — State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably, https://www.­oregonlegislature.­gov/bills_laws/ors/ors182.­html.

Notes of Decisions

This statute has no application to judicial review of agency actions under Administrative Procedures Act. Donnell v. Eastern Oregon State College, 64 Or App 271, 668 P2d 423 (1983), Sup Ct review denied

Relevant law was not so clear at time of trial that state could be said to have acted without reasonable basis in fact or law in pursuing its claim, and attorneys fees should not have been awarded against state. Simpson v. State of Oregon, 94 Or App 15, 764 P2d 580 (1988)

Where plaintiff brought action against State Department of Energy under ORS 183.490 to compel department to act, plaintiff is not entitled to attorney fees under this section, which operates with ORS 183.497 and does not provide independent source of award for attorney fees. Cascade Kelly Holdings, LLC v. Department of Energy, 275 Or App 500, 365 P3d 603 (2015)

182.010
Nonattendance of member of board or commission at meetings as forfeiting office 182.020
Notice of meetings of boards and commissions 182.030
Employment of persons advocating violent overthrow of the Government of the United States or Oregon prohibited 182.035
Criminal records checks to be conducted through Department of State Police 182.040
Boards and commissions to pay counties for services 182.050
Time and manner of payment to counties 182.060
County clerk to record instruments affecting realty for state boards and commissions 182.072
Payment for licenses issued by county or other public body on behalf of state agency 182.080
Effect of repeal or amendment of statute authorizing state agency to collect, receive and expend moneys 182.090
State agency to pay attorney fees and expenses when court finds for petitioner and that agency acted unreasonably 182.100
Affirmative action policy 182.105
Information concerning tax benefits of providing child care under employee benefit plan 182.109
Agency actions to carry out state policies for persons with disabilities 182.112
Title to property acquired by state agency in name of state 182.116
Identification of race or ethnicity on forms issued by public bodies 182.119
Mailing of agency notices to post office boxes 182.151
Assessment of impact of state agency action on families 182.152
No right or benefit created 182.162
Definitions for ORS 182.162 to 182.168 182.164
State agencies to develop and implement policy on relationship with tribes 182.166
Training of state agency managers and employees who communicate with tribes 182.168
No right of action created by ORS 182.162 to 182.168 182.310
Definitions for ORS 182.310 to 182.360 182.320
Employee Suggestion Awards Commission 182.330
Commission determination final 182.360
Costs and payment of cash awards and administrative expenses 182.365
Legislative findings 182.375
State Productivity Improvement Revolving Fund 182.380
Credit of certain savings to General Fund 182.385
Identification of reduced expenses resulting from improved efficiency 182.390
Plan for increased efficiency 182.395
Ineligibility of new programs for credits 182.400
Report on productivity improvement program 182.415
Definitions for ORS 182.415 to 182.435 182.425
State agency required to collect rental for housing provided to employees 182.435
Schedule of reduction from fair rental value 182.454
Semi-independent state agencies 182.456
Definitions for ORS 182.456 to 182.472 182.460
Statutory provisions applicable to semi-independent state agencies 182.462
Budgets for semi-independent state agencies 182.464
Financial review by Secretary of State 182.466
Powers of semi-independent state agencies 182.468
Administrators 182.470
Accounts for and investment of moneys collected or received by semi-independent state agencies 182.472
Reports 182.500
Mandatory report to Governor by person performing ombudsman services 182.515
Definitions for ORS 182.515 and 182.525 182.525
Mandatory expenditures for evidence-based programs 182.535
“Natural resource agency” defined for ORS 182.535 to 182.550 182.538
Environmental Justice Task Force 182.542
Duties of task force 182.545
Duties of natural resource agencies 182.550
Reports by natural resource agencies
Green check means up to date. Up to date

Current through early 2024

§ 182.090’s source at oregon​.gov