Subdivision 1. Terms defined. For purposes of this section and sections 15.471 to 15.474, the terms defined in this section have the meanings given them.
Subd. 2. Administrative law judge. "Administrative law judge" means the official assigned to conduct a contested case hearing under chapter 14.
Subd. 3. Contested case. "Contested case" means a proceeding defined in section 14.02, subdivision 3, in which the position of the state is represented by counsel. It does not include a contested case to establish or fix a rate or grant or renew a license.
Subd. 4. Expenses. "Expenses" means the costs incurred by the party in the litigation, including:
(1) filing fees;
(2) subpoena fees and mileage;
(3) transcript costs and court reporter fees;
(4) expert witness fees;
(5) the reasonable cost of any study, analysis, engineering report, test, or project;
(6) photocopying and printing costs;
(7) postage and delivery costs; and
(8) service of process fees.
Subd. 5. Fees. "Fees" means the reasonable attorney fees or reasonable fees charged by a person not an attorney who is authorized by law or rule to represent the party and may include reasonable charges by the party, the party's employee, or agent. The amount of fees must be based upon prevailing market rates for the kind and quality of the services furnished, subject to the following limitations:
(1) In a court action, an expert witness may not be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the state.
(2) In a contested case proceeding, an expert witness may not be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the state agency involved.
Subd. 6. Party. (a) Except as modified by paragraph (b), "party" means a person named or admitted as a party, or seeking and entitled to be admitted as a party, in a court action or contested case proceeding, or a person admitted by an administrative law judge for limited purposes, and who is:
(1) an unincorporated business, partnership, corporation, association, or organization, having not more than 500 employees at the time the civil action was filed or the contested case proceeding was initiated; and
(2) an unincorporated business, partnership, corporation, association, or organization whose annual revenues did not exceed $7,000,000 at the time the civil action was filed or the contested case proceeding was initiated.
(b) "Party" also includes a partner, officer, shareholder, member, or owner of an entity described in paragraph (a), clauses (1) and (2).
(c) "Party" does not include a person providing services pursuant to licensure or reimbursement on a cost basis by the Department of Health or the Department of Human Services, when that person is named or admitted or seeking to be admitted as a party in a matter which involves the licensing or reimbursement rates, procedures, or methodology applicable to those services.
Subd. 7. State. "State" means the state of Minnesota or an agency or official of the state acting in an official capacity.
Subd. 8. Substantially justified. "Substantially justified" means that the state's position had a reasonable basis in law and fact, based on the totality of the circumstances before and during the litigation or contested case proceeding.
1986 c 377 s 1; 1988 c 469 art 1 s 1; 1997 c 7 art 2 s 69; 2000 c 439 s 1-3; 2009 c 125 s 1
Structure Minnesota Statutes
Chapters 14 - 15A — State Agencies
Chapter 15 — State Agencies In General
Section 15.001 — Application Of Laws 2005, Chapter 56, Terminology Changes.
Section 15.01 — Departments Of The State.
Section 15.012 — State Agencies; Designation By Type.
Section 15.014 — Advisory Task Forces.
Section 15.0145 — Ethnic Councils.
Section 15.039 — Effect Of Transfer Of Powers Among Agencies.
Section 15.0395 — Interagency Agreements And Intra-agency Transfers.
Section 15.053 — Use Of The National Guard Education Center At Camp Ripley.
Section 15.054 — Sale Or Purchase Of State Property; Penalty.
Section 15.057 — Publicity Representatives.
Section 15.061 — Professional Or Technical Services.
Section 15.063 — Biennial Reports; Submission.
Section 15.066 — Confirmation Of Appointments.
Section 15.08 — Commissioners Of Management And Budget And Administration; Access To Records.
Section 15.082 — Obligations Of Public Corporations.
Section 15.10 — Records Delivered To Department Heads.
Section 15.16 — Transfer Of Lands Between Departments.
Section 15.161 — Acceptance Of Federal Lands Or Buildings; Consultation With Legislative Committees.
Section 15.17 — Official Records.
Section 15.18 — Distribution Of Publications.
Section 15.185 — Mailing Lists.
Section 15.191 — Imprest Cash Funds.
Section 15.31 — State Employees, Liability Insurance, Payment Of Premiums.
Section 15.38 — Noninsurance Of State Property; Exceptions.
Section 15.39 — Employment And Economic Development Department Buildings.
Section 15.40 — Lack Of Care In Keeping State Property Safe From Fire Loss, Nonfeasance In Office.
Section 15.41 — Construction Permits, Requisites.
Section 15.411 — Public Works Contracts; No Damages For Delay Clauses.
Section 15.415 — Corrections In Transactions, Waiver.
Section 15.43 — Acceptance Of Advantage By State Employee; Penalty.
Section 15.435 — Airline Travel Credit.
Section 15.44 — Aids For Persons With Disabilities At State Meetings.
Section 15.441 — Communications Services.
Section 15.60 — Public Safety Officers; American Flag.
Section 15.61 — Employment Of Unemployed And Underemployed Persons.
Section 15.62 — Athletic Leave Of Absence.
Section 15.71 — Public Contracts; Definitions.
Section 15.72 — Progress Payments On Public Contracts; Retainage.
Section 15.73 — Alternative Form Of Retainage.
Section 15.74 — Exceptions To Application.
Section 15.75 — Contracts With Regional Organizations.
Section 15.85 — Discipline For Racial Harassment.
Section 15.86 — State Agency Actions.
Section 15.87 — Victims Of Violence.
Section 15.97 — Information And Telecommunications Institute.
Section 15.98 — Indoor Ice Facilities.
Section 15.985 — Advisory Inspections.
Section 15.0575 — Administrative Boards And Agencies.
Section 15.058 — Licensing Board Members, Compensation, Terms, Removal, Reports.
Section 15.059 — Advisory Councils And Committees.
Section 15.0591 — Representative Of Older Population.
Section 15.0593 — Agencies Created By Executive Order.
Section 15.0594 — Commissioner's Approval Required.
Section 15.0595 — Compensation And Per Diem; Source Of Funds.
Section 15.0596 — Additional Compensation From Contingent Fund Prohibited.
Section 15.0597 — Appointments To Multimember Agencies.
Section 15.0598 — Exceptions To Open Appointments.
Section 15.0599 — Registration Of Multimember Agencies.
Section 15.06 — Appointment Of Department Heads; Terms; Deputies.
Section 15.46 — Preventive Health Services For Public Employees.
Section 15.472 — Fees And Expenses; Civil Action Or Contested Case Proceeding Involving State.
Section 15.473 — Payment Of Costs And Fees.
Section 15.474 — Procedure For Award Of Fees; Contested Case.
Section 15.51 — Declaration Of Policy.
Section 15.53 — Authority To Interchange Employees.
Section 15.54 — Status Of Employees Of This State.
Section 15.55 — Travel Expenses Of Employees Of This State.
Section 15.56 — Status Of Employees Of Other Governments.
Section 15.57 — Travel Expenses Of Employees Of Other Governments.
Section 15.58 — Agreements Between Federal And Receiving Agencies.
Section 15.59 — Employee Interchange Between State And Private Industry.
Section 15.99 — Time Deadline For Agency Action.
Section 15.991 — Customer Service.