H 4815 Session 110 (1993-1994)
H 4815 General Bill, By Robinson
A Bill to amend Section 15-77-300, Code of Laws of South Carolina, 1976,
relating to attorney's fees in State initiated actions, so as to provide for
the award of attorney's fees in contested, administrative proceedings under
the Administrative Procedures Act that are initiated by the State or a
political subdivision of the State.
02/24/94 House Introduced and read first time HJ-377
02/24/94 House Referred to Committee on Judiciary HJ-377
A BILL
TO AMEND SECTION 15-77-300, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO ATTORNEY'S FEES IN STATE
INITIATED ACTIONS, SO AS TO PROVIDE FOR THE AWARD OF
ATTORNEY'S FEES IN CONTESTED, ADMINISTRATIVE
PROCEEDINGS UNDER THE ADMINISTRATIVE PROCEDURES
ACT THAT ARE INITIATED BY THE STATE OR A POLITICAL
SUBDIVISION OF THE STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 15-77-300 of the 1976 Code is amended to read:
"Section 15-77-300. In any civil action brought by the State,
any a political subdivision of the State or
any, a party who is contesting state action, or in a
contested administrative proceeding under the Administrative
Procedures Act that is initiated by the State or a political subdivision of
the State, unless the prevailing party is the State or any
a political subdivision of the State, the court or
administrative law judge may allow the prevailing party to recover
reasonable attorney's fees to be taxed as court costs against the
appropriate agency if the court or administrative law judge finds
that:
(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 provisions of this section do not apply to civil actions relating to
the establishment of public utility rates, disciplinary actions by state
licensing boards, habeas corpus or post conviction relief actions, child
support actions, except as otherwise provided for herein, and
child abuse and neglect actions, except as provided by
law."
SECTION 2. This act takes effect upon approval by the Governor.
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