Rhode Island General Laws

R.I. Gen. Laws § 42-92-3 (2026)

Award of reasonable litigation expenses

✓ current as of July 2026

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(a) Whenever the agency conducts an adjudicatory proceeding subject to this chapter, the adjudicative officer shall award to a prevailing party reasonable litigation expenses incurred by the party in connection with that proceeding. The adjudicative officer will not award fees or expenses if the adjudicative officer finds that the agency was substantially justified in actions leading to the proceedings and in the proceeding itself. The adjudicative officer may, at the adjudicative officer’s discretion, deny fees or expenses if special circumstances make an award unjust. The award shall be made at the conclusion of any adjudicatory proceeding, including, but not limited to, conclusions by a decision, an informal disposition, or termination of the proceeding by the agency. The decision of the adjudicatory officer under this chapter shall be made a part of the record and shall include written findings and conclusions. No other agency official may review the award.

(b) If a court reviews the underlying decision of the adversary adjudication, an award for fees and other expenses shall be made by that court in accordance with the provisions of this chapter.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1988–2022 · leading case: Henry Tarbox v. Zoning Bd. of Review of the Town of Jamestown, 142 A.3d 191 (R.I. 2016).

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Henry Tarbox v. Zoning Bd. of Review of the Town of Jamestown, 142 A.3d 191 (R.I. 2016). · cites it 19× “” Even though the act provides a definition of the term “adjudicative officer,” see § 42-92-2(1), 11 plaintiffs argue that, when the two subsections of § 42-92-3 are read together, the clear import of the act is that, when a justice of the Superior Court rules on a request for…”

Krikorian v. Rhode Island Dep't of Human Servs., 606 A.2d 671 (R.I. 1992). · cites it 9× “” Section 42-92-3 provides in pertinent part: “(a) Whenever the agency conducts an adjudicatory proceeding subject to this chapter, the adjudicative officer shall award to a prevailing party reasonable litigation expenses incurred by the party in connection with that proceeding.”

Taft v. Pare, 536 A.2d 888 (R.I. 1988). · cites it 7× “1956 (1984 Reenactment) § 42-92-3, as enacted by P.L. 1985, ch. 215, § 1.”

Kaya v. Partington, 681 A.2d 256 (R.I. 1996). · cites it 4× “The literal terms of the statute G.L.1956 § 42-92-3 provided that "[t]he adjudicative officer shall award to a prevailing party reasonable litigation expenses incurred by the party in connection with that proceeding.”

Campbell v. Tiverton Zoning Bd., 15 A.3d 1015 (R.I. 2011). · cites it 4× “” 6 Section 42-92-3(a). Under the act, “ ‘[substantial justification’ means that the initial position of the agency, as well as the agency’s position in the proceedings, has a reasonable basis in law and fact.”

Rollingwood Acres, Inc. v. Rhode Island Dep't of Env't Mgmt., 212 A.3d 1198 (R.I. 2019). · cites it 9× “See § 42-92-3. An agency is substantially justified when "the initial position of the agency, as well as the agency's position in the proceedings, ha[d] a reasonable basis in law and fact.”

In re Rule Amendments to Rules 5.4(A) & 7.2(C) of the Rules of Prof'l Conduct, 815 A.2d 47 (R.I. 2002). · cites it 2× “That case did not concern any fee-sharing plan or agreement, but instead, whether an award of counsel fees to Rhode Island Legal Services could be made under G.L.1956 § 42-92-3 (the Equal Access to Justice for Small Businesses and Individuals Act).”

Amber Preston v. Town of Hopkinton (R.I. 2022). · cites it 2× “2016), “parsed [the] two separate avenues” for judicial review of an agency decision involving the act, § 42-92-3(b) 1 and § 42-92-5.2 Tarbox, 142 A.”

— R.I. Gen. Laws § 42-92-3(a) — 4 cases

Campbell v. Tiverton Zoning Bd., 15 A.3d 1015 (R.I. 2011). “” 6 Section 42-92-3(a). Under the act, “ ‘[substantial justification’ means that the initial position of the agency, as well as the agency’s position in the proceedings, has a reasonable basis in law and fact.”

Krikorian v. Rhode Island Dep't of Human Servs., 606 A.2d 671 (R.I. 1992). “” Section 42-92-3 provides in pertinent part: “(a) Whenever the agency conducts an adjudicatory proceeding subject to this chapter, the adjudicative officer shall award to a prevailing party reasonable litigation expenses incurred by the party in connection with that proceeding.”

Henry Tarbox v. Zoning Bd. of Review of the Town of Jamestown, 142 A.3d 191 (R.I. 2016). “” Even though the act provides a definition of the term “adjudicative officer,” see § 42-92-2(1), 11 plaintiffs argue that, when the two subsections of § 42-92-3 are read together, the clear import of the act is that, when a justice of the Superior Court rules on a request for…”

Rollingwood Acres, Inc. v. Rhode Island Dep't of Env't Mgmt., 212 A.3d 1198 (R.I. 2019). “See § 42-92-3. An agency is substantially justified when "the initial position of the agency, as well as the agency's position in the proceedings, ha[d] a reasonable basis in law and fact.”

— R.I. Gen. Laws § 42-92-3(b) — 5 cases

Amber Preston v. Town of Hopkinton (R.I. 2022). “2016), “parsed [the] two separate avenues” for judicial review of an agency decision involving the act, § 42-92-3(b) 1 and § 42-92-5.2 Tarbox, 142 A.”

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