The court may not award fees or other expenses against an agency if:

1. (1) the agency's only involvement in the case resulted from the agency's role as an arbiter of the legal rights, duties, immunities, privileges, or other legal interests of two (2) or more other parties;
2. (2) the agency as a party had a reasonable basis for its position;
3. (3) the position of the agency as a party became unjustified as a result of an intervening change in applicable law; or

4. (4) the fees or other expenses claimed were incurred to reimburse salaries or attorney's fees paid by a political subdivision, a state, the United States government, or a foreign province or country.

   [Pre-1998 Recodification Citation: 34-2-36-6.]

As added by P.L.1-1998, SEC.48.