CHAPTER 625
An Act to amend and reenact §2.2-4030 of the Code of
Virginia, relating to recovery of attorney fees from agency; actions brought in
violation of law or for an improper purpose.
[S 746]
Approved April 1, 2016
Be it enacted by the General Assembly of Virginia:
1. That §2.2-4030 of the Code of Virginia is amended and
reenacted as follows:
§2.2-4030. Recovery of costs and attorney fees from agency.
A. In any civil case brought under Article 5 (§2.2-4025 et
seq.) of this chapter or §§ § 2.2-4002, 2.2-4006,
2.2-4011, or § 2.2-4018, in which any person contests any agency action,
such person shall be entitled to recover from that agency, including the
Department of Game and Inland Fisheries, reasonable costs and attorneys'
attorney fees if such person substantially prevails on the merits of the
case and (i) the agency's position is not substantially justified,
(ii) the agency action was in violation of law, or (iii) the agency action was
for an improper purpose, unless special circumstances would make an award
unjust. The award of attorneys' attorney fees shall not exceed
$25,000.
B. Nothing in this section shall be deemed to grant permission
to bring an action against an agency if the agency would otherwise be immune
from suit, or to grant a right to bring an action by a person who would
otherwise lack standing to bring the action.
C. Any costs and attorneys' attorney fees
assessed against an agency under this section shall be charged against the
operating expenses of the agency for the fiscal year in which the assessment is
made, and shall not be reimbursed from any other source.
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