§ 4.4 STATE ADMINISTRATIVE AGENCY AND UNIVERSITY PROCEEDINGS

• Jurisdiction: Arizona

§ 4.4 State Administrative Agency and University Proceedings

Attorneys' fees may also be recovered in administrative proceedings involving state agencies and the universities. The legislature has granted authority to hearing officers and administrative law judges (collectively "hearing officer") to award fees and "other costs" to any prevailing party in a contested case "or appealable agency action" brought "pursuant to any state administrative hearing authority." A.R.S. § 41-1007(A) (formerly A.R.S. § 12-348.01). In fact, the hearing officer "shall" make the award if (1) the agency's position was not substantially justified, and (2) the party prevails as to the most significant issue or set of issues, unless the reason for prevailing is due to an intervening change in the law. Id. Like A.R.S. § 12-348(C)(1), a fee award may be denied if during the course of the proceedings the party unduly and unreasonably protracted the final resolution of the matter. A.R.S. § 41-1007(B). Certain proceedings also are exempt from this section. A.R.S. §§ 41-1007(A)...