6 Alaska Admin. Code § 30.492

Current through May 31, 2024
Section 6 AAC 30.492 - Attorney's fees or costs
(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.

6 AAC 30.492

Eff. 3/12/81, Register 77; am 3/22/2014, Register 209, April 2014

Authority:AS 18.80.050

AS 18.80.130

AS 18.80.135