(2) Upon prevailing following a contested case hearing, the person may petition the Marion County Circuit Court for the purpose of determining the award of reasonable attorney fees. The Oregon Government Ethics Commission shall be named as a respondent in the petition. The petitioner and respondent shall follow the procedure provided in ORCP 68 for the determination of reasonable attorney fees. The court:
(a) May allow the petitioner reasonable attorney fees and costs if the court finds in favor of the petitioner.
(b) May withhold all or part of the attorney fees from any allowance to a petitioner if the court finds that the commission has proved that its action was substantially justified or that special circumstances exist that make the allowance of all or part of the attorney fees unjust.
(c) Shall give precedence on its docket to petitions filed under this subsection as the circumstances may require.
(3) An appellate court may award reasonable attorney fees to the person if the person prevails on appeal from any decision of the commission. The appellate court may withhold all or part of the attorney fees from any allowance to a person if the court finds that the commission has proved that its action was substantially justified or that special circumstances exist that make the allowance of all or part of the attorney fees unjust.
(4) Attorney fees to be awarded under this section shall be only those fees incurred by the person from the time the commission notifies the person that it has entered an order to move to a contested case proceeding.
(5) Any attorney fees awarded to the person pursuant to this section shall be paid from funds available to the commission. [1991 c.770 §9; 1993 c.743 §30; 2007 c.865 §26; 2019 c.116 §1]
Structure 2021 Oregon Revised Statutes
Volume : 06 - Local Government, Public Employees, Elections
Chapter 244 - Government Ethics
Section 244.020 - Definitions.
Section 244.047 - Financial interest in public contract.
Section 244.050 - Persons required to file statement of economic interest; filing deadline.
Section 244.055 - Additional reporting requirements for State Treasury; review; confidentiality.
Section 244.060 - Form of statement of economic interest; contents.
Section 244.070 - Additional statement of economic interest.
Section 244.090 - Report on association with compensated lobbyist.
Section 244.100 - Statements of expenses or honoraria provided to public official.
Section 244.110 - Statements subject to penalty for false swearing.
Section 244.115 - Filing required for member of Congress or candidate; filing date.
Section 244.130 - Recording of notice of conflict; effect of failure to disclose conflict.
Section 244.162 - Information provided to persons required to file statement of economic interest.
Section 244.175 - Definitions for ORS 244.177 and 244.179.
Section 244.177 - Employment of relative or member of household; exceptions.
Section 244.179 - Supervision of relative or member of household; exceptions.
Section 244.205 - Legal expense trust fund; establishment; eligible legal expenses.
Section 244.207 - Use of fund proceeds.
Section 244.209 - Application to establish fund; commission review and authorization.
Section 244.211 - Duties of trustee.
Section 244.213 - Contributions to fund.
Section 244.215 - Fund account.
Section 244.217 - Statement of contributions received and expenditures made.
Section 244.218 - Quarterly filing of statements.
Section 244.219 - Termination of fund.
Section 244.255 - Commission funding; rules.
Section 244.270 - Findings as grounds for removal; notice to public bodies.
Section 244.280 - Commission advisory opinions; effect of reliance on opinion.
Section 244.282 - Executive director and staff advisory opinions; effect of reliance on opinion.
Section 244.284 - Staff advice; effect of reliance on advice.
Section 244.290 - General duties of commission; rules.
Section 244.300 - Status of records.
Section 244.310 - Executive director.
Section 244.320 - Manual on government ethics; effect of reliance on manual; revision.
Section 244.330 - Distribution of manual on government ethics.
Section 244.350 - Civil penalties; letter of reprimand or explanation.
Section 244.370 - Civil penalty procedure; disposition of penalties.
Section 244.390 - Status of penalties and sanctions; consideration of other penalties imposed.
Section 244.400 - Possibility of attorney fees for person prevailing in contested case.