LD 782
pg. 4
Page 3 of 8 An Act To Require the Payment of Certain Costs Incurred by a Prevailing Party i... Page 5 of 8
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LR 83
Item 1

 
(a) The reasonable expenses of expert witnesses
in connection with an administrative proceeding,
except that an expert witness may not be
compensated at a rate in excess of the highest
rate of compensation for expert witnesses paid
by the State;

 
(b) The reasonable cost of any study, analysis,
engineering report, test or project that is
found by the bureau to be necessary for the
preparation of the party's case; and

 
(c) Reasonable attorney's fees.

 
The bureau shall determine the amount of the award
made under divisions (b) and (c).

 
B. "Reasonable administrative costs" includes only those
costs incurred pursuant to paragraph A on or after
whichever of the following is the earliest:

 
(1)__The date of the receipt by the taxpayer of the
notice of the decision of the assessor;

 
(2) The date of the notice of deficiency; or

 
(3) The date on which the first letter of proposed
deficiency that allows the taxpayer an opportunity
for administrative review by the assessor is sent.

 
12.__Reasonable litigation costs.__"Reasonable litigation
costs" includes:

 
A.__Reasonable court costs; and

 
B.__Based upon prevailing market rates for the kind or
quality of services furnished:

 
(1) The reasonable expenses of expert witnesses in
connection with a court proceeding, except that an
expert witness may not be compensated at a rate in
excess of the highest rate of compensation for expert
witnesses paid by the State;

 
(2) The reasonable cost of any study, analysis,
engineering report, test or project that is found by
the court to be necessary for the preparation of the
party's case; and


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