Iowa Admin. Code r. 161-4.28 - Awards of attorney's fees
(1)
Retention of jurisdiction. In any final decision in which it
is determined that the complainant is entitled to an award of attorney's fees,
but the actual amount has not yet been determined, there is, by operation of
this rule, an express retention of jurisdiction of the case by the commission
in order to determine the actual amount of attorney's fees to which the party
is entitled and to enter a subsequent order awarding those fees. The commission
shall take this action regardless of whether or not such retention of
jurisdiction is expressed in the final decision. In such case, the decision is
final in all other respects except the determination of the amount of the
attorney's fees.
(2)
Stipulation. A final decision, in which it is determined that
the complainant is entitled to an award of attorney's fees, may provide for an
opportunity for the parties to file a written stipulation concerning the amount
of the fees to be awarded. Any such stipulation entered into by the
complainant(s) and respondent(s) is binding on the commission in the absence of
evidence of fraud, wrongdoing, misrepresentation, or evidence that the
stipulation is not in accord with the intent of the parties.
(3)
Hearing. If the amount
of attorney's fees is not stipulated to by the parties, the presiding officer
shall schedule a hearing on the issue of the amount of the attorney's fees. The
hearing shall be governed by the same procedures as a hearing on the merits of
a complaint except where otherwise ordered by the presiding officer The parties
may elect, by written stipulation, to utilize some method, such as stipulation
of facts or submission of a documentary record, other than or complementary to
a hearing, in order to make a record on attorney's fees which may then be
reviewed by the presiding officer By operation of this rule, the commission
expresses its consent to such stipulations if agreed to by the parties seeking
and contesting attorney's fees. The record of the original hearing is part of
the record on the attorney's fee issue. Regardless of the method by which the
record is made, the complainant has the burden of persuasion in proving
attorney's fees.
Notes
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