814.245 Actions by state agencies.

437 words·~2 min read·/wi/chapter-814/814-245-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The legislature intends that courts in this state, when interpreting this section, be guided by federal case law, as of November 20, 1985, interpreting substantially similar provisions under the federal equal access to justice act, 5 USC 504 .

(2)In this section:

(a)“Nonprofit corporation” has the meaning designated in s. 181.0103

(17).

(b)“Small business” means a business entity, including its affiliates, which is independently owned and operated, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000.

(c)“Small nonprofit corporation” means a nonprofit corporation which employs fewer than 25 full-time employees.

(d)“State agency” does not include the citizens utility board.

(e)“Substantially justified” means having a reasonable basis in law and fact.

(3)Except as provided in s. 814.25 , if an individual, a small nonprofit corporation or a small business is the prevailing party in any action by a state agency or in any proceeding for judicial review under s. 227.485

(6)and submits a motion for costs under this section, the court shall award costs to the prevailing party, unless the court finds that the state agency was substantially justified in taking its position or that special circumstances exist that would make the award unjust.

(4)In determining the prevailing party in actions in which more than one issue is contested, the court shall take into account the relative importance of each issue. The court shall provide for partial awards of costs under this section based on determinations made under this subsection.

(5)If the court awards costs under sub.

(3), the costs shall include all of the following which are applicable:

(a)The reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test or project which is found by the court to be necessary for the preparation of the case and reasonable attorney or agent fees. The amount of fees awarded under this section shall be based upon prevailing market rates for the kind and quality of the services furnished, except that:

1. No expert witness may be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the agency which is the losing party.

2. Attorney or agent fees may not be awarded in excess of $150 per hour unless the court determines that an increase in the cost of living or a special factor, such as the limited availability of qualified attorneys or agents, justifies a higher fee.

(b)Any other allowable cost specified under s. 814.04

(2).