ALJ Decisions
(administrative law judge)
ALJ Decisions Addressing A.R.S. §41-1007
In response to a public records request to the Office of
Administrative Hearings for every ruling where an ALJ awarded or
refused to award fees under A.R.S. §41-1007, OAH provided 33
Orders. [1]
A summary is provided below.
Agency Position Substantially Justified:
Six Orders were provided denying an award of fees, finding the
agency's position to be substantially justified. Case Nos. 00-1001-ADM; 01F-001-CCE and 01F-002-CCE; 03F-005-LAN; 04C-xxxxx-CPS; 05A-0039-LIQ; 99A-L082-DEQ TAP.
Failed to Establish as Prevailing Party:
Five Orders were provided denying an award of fees, finding the
licensee/appellant was not the prevailing party. Case Nos.00A-016-REL; 06A-002-NOT;
06A-04553-MDX; 99-1010-ADM; 99F-10633-MDX.
Request Prematurely Filed:
Three Orders were provided finding an award of fees was
premature because the proceeding was not yet concluded. Case Nos.
03A-U167-DEQ; 04F-080-REL; M03-0233.
Agency Not a Party:
One Order was provided finding no agency position contested-the
OAH essentially heard and decided a contest between two
contractors. Case No. 08F-T1029-ROC.
Two Orders were provided denying an award of fees because the
controversy was essentially between contractor and customer. Case
Nos. 01F-P0003-ROC; 01F-Y0043-ROC.
One Order was provided denying an award of fees because the
controversy was essentially between claimant and licensee, not
Dept. of Building and Fire Safety. Case No. 99F-L989021-BFS.
Other Statutes:
One Order was provided awarding agency's administrative costs
pursuant to A.R.S. §32-1451(M). (Medical Board given authority to
recoup costs.) Case No. 07A-070728-MDX-rhg.
Misc. Denials:
Two Orders were provided finding no fees were awardable where
the agency had taken no action but instead failed to act at all -
no denial or acceptance of application. Case Nos. 02A-F149-DEQ_through_02A-F159-DEQ; 03A-F050-DEQ;_03A-F039-DEQ.
One Order was provided denying an award of fees because AHCCCS
claims are apparently exempt from fee awards. Case No. 99F-XXXXXXXX-AHC19.
Fees Awarded by OAH to Appellant/Non-Agency:
Awarded $4,558 against Dept. of Public Safety after reversal of
summary suspension finding no authority to take such action. In
the Matter of Preston Bryant Johnson, 01A-26482293-CWP, 11/27/01.
Awarded approximately $21,000 against Arizona State Land Dept.
after remand by court of appeals finding the agency's position
frivolous. Peeples, Inc. v. Arizona State Land Department,
01F-009-LAN, 04/16/03.
Awarded small portion of fees against Arizona Dept. of
Environmental Quality ($10,119) finding most of agency's positions
were substantially justified, but carved out one position taken and
awarded fees related to it. In the Matter of The Navajo
Inn, 02A-F043-DEQ-tap, 08/21/03.
Awarded $8,306 against Arizona Dept. of Environmental Quality
under A.R.S. §49-1091.01, a limited statute for successful appeals
related to underground storage tanks. In the Matter of Circle
K. Unit No. 01383, 02A-F171-DEQ, 08/11/03.
Awarded $1,407 against Arizona Dept. of Environmental Quality
without discussion. In the Matter of Thompson Muffler, 02A-U063-DEQ, 01/21/03.
Awarded $23,000 to two successor claimants against Arizona Dept.
of Environmental Quality, considered Warner factors, after
finding lack of substantial justification and A.R.S. §41-1007.
In the Matter of Judd Transmission, 03A-U166-DEQ; In the Matter of Walker
Development, 03A-U167-DEQ, 05/04/04.
Awarded $12,587 against Arizona Dept. of Environmental Quality
under A.R.S. §49-1091.01, limited applicability statute. In the
Matter of Former John's Super Service, 05A-F125-DEQ-TAP, 08/28/06.
Awarded $32,208 (91.67% of fees requested) against Arizona Dept.
of Real Estate after reversal of discipline that had been imposed;
declined to impose $75 limit pursuant to A.R.S. §13-348. In the
Matter of Summary Suspension of the Real Estate Broker's License of
Kenneth Perkins, dba Virtual Realty, 05F-DI-294-002-REL; 08/29/06.
Awarded $17,072 against Arizona Dept. of Administration
Enterprise Procurement Services after finding agency's position was
not substantially justified; agency had ignored recent reported
decision. Cash Sullivan & Cross, Inc. v. Department of
Administration Enterprise Procurement Services, 06-0003-ADM, 06/08/07.
Awarded $32,763 against Dept. of Liquor Licenses and Control
after agency ignored uncontested audit. In the Matter of the
Restaurant Spirituous Liquor License No. 12075896, Issued to: Randy
D. Nations,06A-0003-LIQ, 11/13/06.
Awarded limited fees of $8,965 ($84,050 was requested) against
Arizona Dept of Administration, finding most of the work was
performed in superior court proceeding, Protest of Facilitec,
Inc. v. Arizona Department of Administration State Procurement
Office, 99-1007-ADM; 07/27/01. [1] The
public records request is attached. We originally received 34
orders, one was a scheduling order.
3200 North Central Avenue
. Phoenix . Arizona