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Title XXXVI STATUTORY ACTIONS AND TORTS

  Chapter 536back to chapter 536

  536.085.  Definitions. — As used in section 536.087, the following terms mean:

  (1)  "Agency proceeding", an adversary proceeding in a contested case pursuant to this chapter in which the state is represented by counsel, but does not include proceedings for determining the eligibility or entitlement of an individual to a monetary benefit or its equivalent, child custody proceedings, eminent domain proceedings, driver's license proceedings, vehicle registration proceedings, proceedings to establish or fix a rate, or proceedings before the state tax commission;

  (2)  "Party":

  (a)  An individual whose net worth did not exceed two million dollars at the time the civil action or agency proceeding was initiated; or

  (b)  Any owner of an unincorporated business or any partnership, corporation, association, unit of local government or organization, the net worth of which did not exceed seven million dollars at the time the civil action or agency proceeding was initiated, and which had not more than five hundred employees at the time the civil action or agency proceeding was initiated;

  (3)  "Prevails", obtains a favorable order, decision, judgment, or dismissal in a civil action or agency proceeding;

  (4)  "Reasonable fees and expenses" includes the reasonable expenses of expert witnesses, the reasonable cost of any study, analysis, engineering report, test, or project which is found by the court or agency to be necessary for the preparation of the party's case, and reasonable attorney or agent fees.  The amount of fees awarded as reasonable fees and expenses shall be based upon prevailing market rates for the kind and quality of the services furnished, except that no expert witness shall be compensated at a rate in excess of the highest rate of compensation for expert witnesses paid by the state in the type of civil action or agency proceeding, and attorney fees shall not be awarded in excess of seventy-five dollars per hour unless the court determines that a special factor, such as the limited availability of qualified attorneys for the proceedings involved, justifies a higher fee;

  (5)  "State", the state of Missouri, its officers and its agencies, but shall not include political subdivisions of the state.

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(L. 1989 H.B. 143 § 4)


< end of effective 28 Aug 1989 >

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