A bill to provide fees and costs to prevailing parties in certain administrative proceedings and civil actions involving the United States and to increase the quality of agency decision-making through public participation.
Regulatory Fairness Act - Authorizes an agency or court of the United States to award costs, fees, and other expenses to a prevailing party other than the United States in connection with administrative adjudications and judgments in civil actions against the United States if it is found that: (1) the position of the United States as a party to the proceeding was arbitrary, frivolous, unreasonable, or groundless; (2) the proceeding was necessitated by a failure of the United States to take appropriate action in a timely manner; or (3) the proceeding was necessitated by an unreasonable interpretation by the United States of existing law.
Requires each agency by rule to establish procedures for the submission and consideration of applications for such awards. Permits a party dissatisfied with an award of fees to appeal to the proper United States court.
Requires the Office of the Chairman of the Administrative Conference of the United States and the Director of the Administrative Office of the United States Courts to report annually to Congress on the amount of fees and other expenses awarded during the preceding fiscal year.
Introduced in Senate
Referred to Senate Committee on the Judiciary.
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