Section 47 Remedies for Unlawful Agency Action—Recovery of Attorney Fees and Expenses
| Library | Administrative Law 2011 |
There are several situations in which recovery of attorney fees or expenses can be sought.
As discussed in §2.36 above, § 536.050, RSMo Supp. 2010, allows for declaratory relief for those seeking to challenge the validity of an agency rule or the application of a rule. Section 536.050.3 states that a prevailing “nonstate party” “shall” be awarded reasonable fees and expenses as those are defined in § 536.085, RSMo 2000. This includes attorney fees, expert witness fees, and the cost of any tests, engineering reports, etc. that are found to be...
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