6-19.1. Attorney's fees to parties appealing or defending against agency decision.
(a) In any civil action, other than an adjudication for the purpose of establishing or fixing a rate, or a disciplinary action by a licensing board, brought by the State or brought by a party who is contesting State action pursuant to G.S. 150B-43 or any other appropriate provisions of law, unless the prevailing party is the State, the court may, in its discretion, allow the prevailing party to recover reasonable attorney's fees, including attorney's fees applicable to the administrative review portion of the case, in contested cases arising under Article 3 of Chapter 150B, to be taxed as court costs against the appropriate agency if:
(1) The court finds that the agency acted without substantial justification in pressing its claim against the party; and
(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust. The party shall petition for the attorney's fees within 30 days following final disposition of the case. The petition shall be supported by an affidavit setting forth the basis for the request.
Nothing in this section shall be deemed to authorize the assessment of attorney's fees for the administrative review portion of the case in contested cases arising under Article 9 of Chapter 131E of the General Statutes.
Nothing in this section grants permission to bring an action against an agency otherwise immune from suit or gives a right to bring an action to a party who otherwise lacks standing to bring the action.
Any attorney's fees assessed against an agency under this section shall be charged against the operating expenses of the agency and shall not be reimbursed from any other source.
(b) Expired. (1983, c. 918, s. 1; 1987, c. 827, s. 1; 2000-190, s. 1; 2009-475, s. 8.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 6 - Liability for Court Costs
Article 3 - Civil Actions and Proceedings.
§ 6-18 - When costs allowed as of course to plaintiff.
§ 6-19 - When costs allowed as of course to defendant.
§ 6-19.1 - Attorney's fees to parties appealing or defending against agency decision.
§ 6-20 - Costs allowed or not, in discretion of court.
§ 6-21 - Costs allowed either party or apportioned in discretion of court.
§ 6-21.1 - Allowance of counsel fees as part of costs in certain cases.
§ 6-21.2 - Attorneys' fees in notes, etc., in addition to interest.
§ 6-21.3 - Remedies for returned check.
§ 6-21.4 - Allowance of counsel fees and costs in certain cases involving principals or teachers.
§ 6-21.5 - Attorney's fees in nonjusticiable cases.
§ 6-21.6 - Reciprocal attorneys' fees provisions in business contracts.
§ 6-21.7 - Attorneys' fees; cities or counties acting outside the scope of their authority.
§ 6-22 - Petitioner to pay costs in certain cases.
§ 6-23 - Defendant unreasonably defending after notice of no personal claim to pay costs.
§ 6-24 - Suits by an indigent; payment of costs by an indigent.
§ 6-25 - Party seeking recovery on usurious contracts; no costs.
§ 6-26 - Costs in special proceedings.
§ 6-28 - Costs of laying off homestead and exemption.
§ 6-29 - Costs of reassessment of homestead.
§ 6-30 - Costs against infant plaintiff; guardian responsible.