Illinois General Assembly - Illinois Compiled Statutes

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5 ILCS 100/10-55

(5 ILCS 100/10-55) (from Ch. 127, par. 1010-55)

Sec. 10-55.

Expenses and attorney's fees.

(a) In any contested case initiated by any agency that does
not proceed to court for judicial review and on any issue where a court
does not have jurisdiction to make an award of litigation expenses under
Section 2-611 of the Civil Practice Law, any allegation made by the agency
without reasonable cause and found to be untrue shall subject the agency
making the allegation to the payment of the reasonable expenses, including
reasonable attorney's fees, actually incurred in defending against that
allegation by the party against whom the case was initiated. A claimant may
not recover litigation expenses when the parties have executed a settlement
agreement that, while not stipulating liability or violation, requires the
claimant to take correction action or pay a monetary sum.

(b) The claimant shall make a demand for litigation expenses to the
agency.  If the claimant is dissatisfied because of the agency's failure to
make any award or because of the insufficiency of the agency's award, the
claimant may petition the Court of Claims for the amount deemed owed.  If
allowed any recovery by the Court of Claims, the claimant shall also be
entitled to reasonable attorney's fees and the reasonable expenses incurred
in making a claim for the expenses incurred in the administrative action.
The Court of Claims may reduce the amount of the litigation expenses to be
awarded under this Section, or deny an award, to the extent that the
claimant engaged in conduct during the course of the proceeding that unduly
and unreasonably protracted the final resolution of the matter in controversy.

(c) In any case in which a party has any administrative rule invalidated
by a court for any reason, including but not limited to the agency's exceeding
its statutory authority or the agency's failure to follow statutory procedures
in the adoption of the rule, the court shall award the party bringing the
action the reasonable expenses of the litigation, including reasonable
attorney's fees.

(Source: P.A. 87-823.)