SECTION 455:10-15-1. Award

(a)   General. A presiding official of any hearing or Alternative Dispute Resolution Program procedure may order payment of reasonable attorney fees and costs to the prevailing party if the position of the nonprevailing party was without reasonable basis or was frivolous.

(b)   Burden of proof. The prevailing party shall bear the burden of proof that he or she is entitled to an award of attorney fees and costs by a preponderance of the evidence.

(c)   Showing of proof. To be entitled to an award of attorney fees and costs, the prevailing party shall be deemed to have prevailed if he or she received all or a significant part of the relief sought through the appeal. Attorney fees shall not be awardable for non-attorney pro-se representation. There shall be a finding that the nonprevailing party's position was without reasonable basis or was frivolous.

(d)   Standards. The without reasonable basis or frivolous standard includes, but is not limited to:

(1)   where the nonprevailing party's action was clearly without merit or was wholly unfounded;

(2)   where the nonprevailing party initiated an action against the prevailing party in bad faith, including where the action was brought to harass or intimidate the prevailing party;

(3)   where the nonprevailing party committed a gross procedural error which prolonged the proceeding or severely prejudiced the prevailing party; and

(4)   where the nonprevailing party knew or should have known he or she would not prevail on the merits of the action taken.

[Source: Added at 13 Ok Reg 3025, eff 7-15-96]