In a proceeding under this chapter concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred in the proceeding by the party challenging the agency action if the party challenging the agency action proves, by a preponderance of the evidence, that:

1. (1) the agency's action was frivolous or groundless; or
2. (2) the agency pursued the action in bad faith.

As added by P.L.199-2021, SEC.1.