PURPOSE: This rule establishes a procedure to allow parties to make application for fees and expenses when authorized by statute or other law.

A party may file a complaint for litigation fees and expenses as authorized by law. Such complaint shall be a separate contested case. The complaint for fees and expenses shall be governed by section 536.087, RSMo, or, in certain tax cases by section 136.315, RSMo. For cases filed under section 162.961, RSMo, Individuals with Disabilities Education Act (IDEA), the complaint for fees and expenses shall be filed in the appropriate court as authorized by 34 CFR 300.517.

AUTHORITY: section 621.198, RSMo 2016.* Original rule filed Aug. 5, 1991, effective Feb. 6, 1992. Amended: Filed Oct. 31, 1994, effective May 28, 1995. Amended: Filed Jan. 11, 2001, effective July 30, 2001. Amended: Filed Aug. 30, 2010, effective Feb. 28, 2011. Amended: Filed Sept. 29, 2016, effective March 30, 2017.

*Original authority: 621.198, RSMo 1965, amended 1978, 2001.