Indiana Code

Ind. Code § 34-52-2-1 (2025)

Applicability of chapter

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 1. (a) Subject to any other statute governing reimbursement of fees and other expenses, this chapter applies to the reimbursement of the fees and other expenses incurred in preparing for or prosecuting:

(1) a proceeding under IC 4-21.5-5 to judicially review a final order made by a state agency;

(2) an appeal from a final determination made by the worker's compensation board;

(3) an appeal of a final determination made by the department of state revenue; or

(4) an appeal of a final determination made by the department of workforce development or the department of workforce development unemployment insurance review board.

     (b) However, this chapter does not apply to an order or other determination:

(1) under:

(A) IC 16-27-1;

(B) IC 16-28;

(C) IC 16-30;

(D) IC 12-28-4; or

(E) IC 12-28-5;

(2) by an agency described in IC 25-0.5-9; or

(3) by the board of podiatric medicine.

[Pre-1998 Recodification Citation: 34-2-36-4.]

As added by P.L.1-1998, SEC.48. Amended by P.L.1-2010, SEC.140; P.L.3-2014, SEC.29.

 

Notes of Decisions
Cited in 3 cases, 2000–2008 · leading case: State Bd. of Tax Commissioners v. Town of St. John, 751 N.E.2d 657 (Ind. 2001).
State Bd. of Tax Commissioners v. Town of St. John, 751 N.E.2d 657 (Ind. 2001). “at § 34-52-2-1. It is apparent that the General Assembly knows how to create statutory exceptions to the American rule, and that it has been willing to do so when it deems appropriate.”
Clark v. Simbeck, 895 N.E.2d 315 (Ind. Ct. App. 2008). · cites it 4× “2006); Ind.Code § 34-52-2-1. However, "the statute has been interpreted to allow a reduction in the award for an intentional tort only when the plaintiff has failed to mitigate damages.”
Town of St. John v. State Bd. of Tax Commissioners, 730 N.E.2d 240 (Ind. T.C. 2000). · cites it 2× “For example, Ind.Code Ann. §§ 34-52-2-1 to -6 (West 1999) governs fees awards by courts reviewing final orders by state agencies made pursuant to the Administrative Orders and Procedures Act.”
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