HB 2160 - DIGEST

Provides that an administrative law judge or a court shall award an employer that prevails in an administrative appeal or judicial review of a citation or a notice of assessment under chapter 49.17 RCW fees and other expenses, including reasonable attorneys' fees, incurred by that employer, unless the court finds that the citation or the notice of assessment was substantially justified or that circumstances make an award unjust. The administrative law judge or the court shall determine whether the citation or the notice of assessment was substantially justified based on the administrative record on appeal.