Wisconsin § 227.485 - Costs to certain prevailing parties.

§ 227.485. Costs to certain prevailing parties.

227.485(1) (1) The legislature intends that hearing examiners and courts in this state, when interpreting this section, be guided by federal case law, as of November 20, 1985, interpreting substantially similar provisions under the federal equal access to justice act, 5 USC 504 . 227.485(2) (2) In this section: 227.485(2)(a) (a) “Hearing examiner” means the agency or hearing examiner conducting the hearing. 227.485(2)(b) (b) “Nonprofit corporation” has the meaning designated in s. 181.0103 (17) . 227.485(2)(c) (c) “Small business” means a business entity, including its affiliates, which is independently owned and operated, and which employs 25 or fewer full-time employees or which has gross annual sales of less than $5,000,000. 227.485(2)(d) (d) “Small nonprofit corporation” means a nonprofit corporation which employs fewer than 25 full-time employees. 227.485(2)(e) (e) “State agency” does not include the citizens utility board. 227.485(2)(f) (f) “Substantially justified” means having a reasonable basis in law and fact. 227.485(3) (3) In any contested case in which an individual, a small nonprofit corporation or a small business is the prevailing party and submits a motion for costs under this section, the hearing examiner shall award the prevailing party the costs incurred in connection with the contested case, unless the hearing examiner finds that the state agency which is the losing party was substantially justified in taking its position or that special circumstances exist that would make the award unjust. 227.485(4) (4) In determining the prevailing party in cases in which more than one issue is contested, the examiner shall take into account the relative importance of each issue. The examiner shall provide for partial awards of costs under this section based on determinations made under this subsection. 227.485(5) (5) If the hearing examiner awards costs under sub. (3) , he or she shall determine the costs under this subsection, except as modified under sub. (4) . The decision on the merits of the case shall be placed in a proposed decision and submitted under ss.