§ 625.29

625.29 Fees — expenses. 1. Unless otherwise provided by law, and if the prevailing party meets the eligibility requirements of subsection 2, the court in a civil action brought by the state or an action forjudicial review brought against the state pursuant to chapter 17A other than for a rulemakingdecision, shall award fees and other expenses to the prevailing party unless the prevailingparty is the state. However, the court shall not make an award under this section if it findsone of the following: a. The position of the state was supported by substantial evidence.b. The state’s role in the case was primarily adjudicative.c. Special circumstances exist which would make the award unjust.d. The action arose from a proceeding in which the role of the state was to determine the eligibility or entitlement of an individual to a monetary benefit or its equivalent or toadjudicate a dispute or issue between private parties or to establish or fix a rate. e. The proceeding was brought by the state pursuant to Title XVI.*f. The proceeding involved eminent domain, foreclosure, collection of judgment debts, or was a proceeding in which the state was a nominal party. g.

ng was brought by the state pursuant to Title XVI.*f. The proceeding involved eminent domain, foreclosure, collection of judgment debts, or was a proceeding in which the state was a nominal party. g. The proceeding involved the department of administrative services under chapter 8A, subchapter IV. h. The proceeding is a tort claim.2. To be eligible for an award of fees and other expenses under this section, the prevailing party shall be one of the following: a. A natural person.b. A sole proprietorship, partnership, corporation, association, or public or private organization, any of which meets the following criteria: (1) Its average daily employment was twenty persons or less for the twelve months preceding the filing of the action. (2) Its gross receipts for the twelve-month period preceding the filing of the action were one million dollars or less, or its average gross receipts for the three twelve-month periodspreceding the filing of the action were two million dollars or less. 3. A party seeking an award for fees and other expenses under this section must file a claim for relief as a part of the civil action or as a part of the action for judicial review broughtagainst the

3. A party seeking an award for fees and other expenses under this section must file a claim for relief as a part of the civil action or as a part of the action for judicial review broughtagainst the state pursuant to chapter 17A. If the amount sought includes an attorney’s feesor fees for an expert, the application shall include an itemized statement for these feesindicating the actual time expended in representing the party and the rate at which thefees were computed. The party seeking relief must establish that the state’s case was notsupported by substantial evidence. 4. The court, in its discretion, may reduce the amount to be awarded pursuant to this section, or deny an award, to the extent that the prevailing party, during the course ofthe proceedings engaged in conduct which unduly and unreasonably protracted the finalresolution of the matter in controversy. 5. An award pursuant to this section shall not personally obligate any officer or employee of this state for payment. 6. Fees and other expenses awarded under this section may be ordered in addition to any compensation awarded in a judgment.

not personally obligate any officer or employee of this state for payment. 6. Fees and other expenses awarded under this section may be ordered in addition to any compensation awarded in a judgment. When awarding fees and other expenses against thestate under this section, the court shall order the auditor of state to issue a warrant drawnon the state general fund for the amount of the award. The treasurer of state shall pay thewarrant. However, if the court finds that an agency of state government, against which feesand other expenses are awarded for an action for judicial review of an agency proceedingunder chapter 17A, has acted in bad faith in initiating an action deemed frivolous or withoutmerit, then the agency shall make the payment ordered from the moneys appropriated to thatagency. 7. Each agency that pays fees or other expenses for an action for judicial review of an agency proceeding under chapter 17A shall report annually to the chairs and rankingmembers of the appropriate appropriations subcommittees of the general assembly theamount of fees or other expenses paid during the preceding fiscal year by that agency.

ally to the chairs and rankingmembers of the appropriate appropriations subcommittees of the general assembly theamount of fees or other expenses paid during the preceding fiscal year by that agency. In its Sat Dec 23 11:20:54 2023 Iowa Code 2024, Section 625.29 (17, 0) §625.29, COSTS 2 report the agency shall describe the number, nature, and amount of the awards, the claimsinvolved in the action, and other relevant information which might aid the general assemblyin evaluating the scope and impact of these awards. 83 Acts, ch 107, §2, 3; 88 Acts, ch 1134, §110; 2003 Acts, ch 145, §275Referred to in §625.28*This provision does not include chapters 709A, 718A, 822, 904, 913, and 914, which were moved into Title XVI by the Code editor. Chapters 709A, 718A, 822, 904, 913, and 914 contain the applicable provisions pertaining to those chapters. Sat Dec 23 11:20:54 2023 Iowa Code 2024, Section 625.29 (17, 0)