S‑0350.1   _____________________________________________

 

SENATE BILL 5804

 

           _____________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators McCaslin, Honeyford, McDonald, Finkbeiner, Rasmussen, Constantine, Hochstatter, Oke, Swecker, Parlette and Carlson

 

Read first time 02/02/2001.  Referred to Committee on Judiciary.

_1      AN ACT Relating to increasing awards under equal access to

_2  justice; and amending RCW 4.84.350.

     

_3  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

     

_4      Sec. 1.  RCW 4.84.350 and 1995 c 403 s 903 are each amended to read

_5  as follows:

_6      (1) Except as otherwise specifically provided by statute, a

_7  court shall award a qualified party that prevails in a judicial

_8  review of an agency action fees and other expenses, including

_9  reasonable attorneys' fees, unless the court finds that the agency

10  action was substantially justified or that circumstances make an

11  award unjust.  A qualified party shall be considered to have

12  prevailed if the qualified party obtained relief on a significant

13  issue that achieves some benefit that the qualified party sought.

14      (2) The amount awarded a qualified party under subsection (1)

15  of this section shall not exceed ((twenty-five)) fifty thousand

16  dollars.  Subsection (1) of this section shall not apply unless

17  all parties challenging the agency action are qualified parties.

18  If two or more qualified parties join in an action, the award in

19  total shall not exceed ((twenty-five)) fifty thousand dollars.

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_1  The court, in its discretion, may reduce the amount to be awarded

_2  pursuant to subsection (1) of this section, or deny any award, to

_3  the extent that a qualified party during the course of the

_4  proceedings engaged in conduct that unduly or unreasonably

_5  protracted the final resolution of the matter in controversy.

 

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