§978.2. Judicial review; attorney fees; court costs; report

            A. If an agency or official thereof, or other person acting on behalf of an agency or official thereof, files a petition for judicial review of a final decision or order in an adjudication proceeding and such agency, official, or person does not prevail in the final disposition of the judicial review, the agency shall be responsible for the payment of reasonable attorney fees and court costs of the other party.

            B. Notwithstanding any provision of R.S. 13:4521 to the contrary, an agency or official thereof, or other person acting on behalf of an agency or official thereof, which files a petition for judicial review of a final decision or order in an adjudication proceeding shall be required to pay court costs.

            C. All payments for litigation expenses required by this Section shall be paid from the agency's regular operating budget. Each agency which has paid litigation expenses shall submit a detailed report of all payments from the prior fiscal year to its legislative oversight committees and to the Joint Legislative Committee on the Budget no later than November fifteenth of each year. For the purposes of this Subsection and of R.S. 49:992(H), the term "litigation expenses" shall mean court costs and attorney fees of the agency and of any other party if the agency was required to pay costs and fees.

            Acts 2003, No. 1271, §1, eff. July 11, 2003; Acts 2022, No. 663, §1; Redesignated from R.S. 49:964.1.

            NOTE: Former R.S 49:978.2 redesignated as R.S. 49:974.2 by Acts 2022, No. 663, §1.