Or. Admin. Code § 115-035-0057 - [Effective 7/1/2025] Attorney Fees For Appeals

Pursuant to ORS 243.676(2)(e), the Board will award attorney fees, if any, to the prevailing party on an appeal of a Board Order, in the amount of $5,000. The Board may award an amount in excess of $5,000 subject to all of the following:

(1) An award of attorney fees on appeal shall not exceed $5,000, unless a civil penalty is awarded in the Board proceeding and not reversed by the court.

(2) Petitions for attorney fees must be filed with the Board within 21 days of the date of the appellate judgment. The petition shall include a statement of the amount of the costs requested, along with a description of the actual amount of the fees incurred by the petitioner or, where no fees were charged, the basis for the greater amount of costs requested.

(3) Any objection to the petition shall be filed within 14 days of the date of service of the petition. A party objecting to costs based on excessive time spent must submit a supporting statement describing the amount of time spent on the case by the objecting party. A party objecting to costs based on an excessive hourly rate must submit a supporting statement identifying the hourly rate and total costs incurred by the objecting party.

(4) The prevailing party is the party designated as such in the appellate judgment issued by the Court of Appeals or the Supreme Court following the ultimate appellate decision regarding a particular case.

Notes

Or. Admin. Code § 115-035-0057

ERB 2-1983(Temp), f. 9-30-83, ef. 10-15-83; ERB 1-1984, f. & ef. 4-11-84; ERB 8-1985, f. 10-29-85, ef. 10-31-85; ERB 1-1989(Temp), f. 6-15-89 & cert. ef. 6-23-89; ERB 2-1989, f. 11-28-89, cert. ef. 12-4-89; ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95; ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14; ERB 10-2016, f. 11-9-16, cert. ef. 2/1/2017; ERB 2-2025, amend filed 05/27/2025, effective 7/1/2025

Statutory/Other Authority: ORS 240.086(3), 243.766(7)

Statutes/Other Implemented: ORS 243