Pursuant to ORS 243.676(2)(e), the Board will award attorney fees, if any, to the prevailing party on an appeal of a Board Order, in the amount of $5,000. The Board may award an amount in excess of $5,000 subject to all of the following:
- (1) An award of attorney fees on appeal shall not exceed $5,000, unless a civil penalty is awarded in the Board proceeding and not reversed by the court.
- (2) Petitions for attorney fees must be filed with the Board within 21 days of the date of the appellate judgment. The petition shall include a statement of the amount of the costs requested, along with a description of the actual amount of the fees incurred by the petitioner or, where no fees were charged, the basis for the greater amount of costs requested.
- (3) Any objection to the petition shall be filed within 14 days of the date of service of the petition. A party objecting to costs based on excessive time spent must submit a supporting statement describing the amount of time spent on the case by the objecting party. A party objecting to costs based on an excessive hourly rate must submit a supporting statement identifying the hourly rate and total costs incurred by the objecting party.
- (4) The prevailing party is the party designated as such in the appellate judgment issued by the Court of Appeals or the Supreme Court following the ultimate appellate decision regarding a particular case.
Statutory/Other Authority
ORS 240.086(3) & 243.766(7)
Statutes/Other Implemented
ORS 243
History
ERB 2-2025, amend filed 05/27/2025, effective 07/01/2025
ERB 10-2016, f. 11-9-16, cert. ef. 2-1-17
ERB 2-2014, f. 8-20-14, cert. ef. 9-3-14
ERB 3-1995, f. 11-30-95, cert. ef. 12-1-95
ERB 2-1989, f. 11-28-89, cert. ef. 12-4-89
ERB 1-1989(Temp), f. 6-15-89 & cert. ef. 6-23-89
ERB 8-1985, f. 10-29-85, ef. 10-31-85
ERB 1-1984, f. & ef. 4-11-84
ERB 2-1983(Temp), f. 9-30-83, ef. 10-15-83