{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-4030.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-4030.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-4030.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-4030.html"}],"law_id":60209,"edition_id":1,"section_id":60209,"structure_id":15711,"section_number":"2.2-4030","catch_line":"Recovery of costs and attorney fees from agency","history":"1981, c. 446, \u00a7 9-6.14:21; 1997, c. 692; 2001, c. 844; 2016, c. 625; 2020, c. 958.","full_text":"A\n\nIn any civil case brought under Article 5 (§ 2.2-4025 et seq.) or § 2.2-4002, 2.2-4006, 2.2-4011, or 2.2-4018, in which any person contests any agency action, such person shall be entitled to recover from that agency, including the Department of Wildlife Resources, reasonable costs and attorney fees if such person substantially prevails on the merits of the case and (i) the agency’s position is not substantially justified, (ii) the agency action was in violation of law, or (iii) the agency action was for an improper purpose, unless special circumstances would make an award unjust. The award of attorney fees shall not exceed $25,000.B\n\nNothing in this section shall be deemed to grant permission to bring an action against an agency if the agency would otherwise be immune from suit or to grant a right to bring an action by a person who would otherwise lack standing to bring the action.C\n\nAny costs and attorney fees assessed against an agency under this section shall be charged against the operating expenses of the agency for the fiscal year in which the assessment is made and shall not be reimbursed from any other source.","order_by":null,"text":{"0":{"id":220236,"text":"In any civil case brought under Article 5 (§ 2.2-4025 et seq.) or § 2.2-4002, 2.2-4006, 2.2-4011, or 2.2-4018, in which any person contests any agency action, such person shall be entitled to recover from that agency, including the Department of Wildlife Resources, reasonable costs and attorney fees if such person substantially prevails on the merits of the case and (i) the agency’s position is not substantially justified, (ii) the agency action was in violation of law, or (iii) the agency action was for an improper purpose, unless special circumstances would make an award unjust. The award of attorney fees shall not exceed $25,000.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220237,"text":"Nothing in this section shall be deemed to grant permission to bring an action against an agency if the agency would otherwise be immune from suit or to grant a right to bring an action by a person who would otherwise lack standing to bring the action.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220238,"text":"Any costs and attorney fees assessed against an agency under this section shall be charged against the operating expenses of the agency for the fiscal year in which the assessment is made and shall not be reimbursed from any other source.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15711,"edition_id":1,"name":"Court Review","identifier":"5","label":"article","depth":5,"order_by":1,"parent_id":12798,"metadata":{},"date_created":"2026-06-26 03:58:12","date_modified":"2026-06-26 03:58:12","permalink":{"id":176895,"object_type":"structure","relational_id":15711,"identifier":"5","token":"2.2\/II\/B\/40\/5","url":"\/2.2\/II\/B\/40\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12798,"edition_id":1,"name":"Administrative Process Act","identifier":"40","label":"chapter","depth":4,"order_by":1,"parent_id":12751,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":176717,"object_type":"structure","relational_id":12798,"identifier":"40","token":"2.2\/II\/B\/40","url":"\/2.2\/II\/B\/40\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12751,"edition_id":1,"name":"Transaction of Public Business","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12750,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176445,"object_type":"structure","relational_id":12751,"identifier":"B","token":"2.2\/II\/B","url":"\/2.2\/II\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12750,"edition_id":1,"name":"Administration of State Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":176253,"object_type":"structure","relational_id":12750,"identifier":"II","token":"2.2\/II","url":"\/2.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":69646,"structure_id":15711,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","url":"\/2.2-4025\/","token":"2.2\/II\/B\/40\/5\/2.2-4025","metadata":false},{"id":76087,"structure_id":15711,"section_number":"2.2-4026","catch_line":"Right, forms, venue; date of adoption or readoption for purposes of appeal","url":"\/2.2-4026\/","token":"2.2\/II\/B\/40\/5\/2.2-4026","metadata":false},{"id":75768,"structure_id":15711,"section_number":"2.2-4027","catch_line":"Issues on review","url":"\/2.2-4027\/","token":"2.2\/II\/B\/40\/5\/2.2-4027","metadata":false},{"id":87000,"structure_id":15711,"section_number":"2.2-4028","catch_line":"Intermediate relief","url":"\/2.2-4028\/","token":"2.2\/II\/B\/40\/5\/2.2-4028","metadata":false},{"id":77109,"structure_id":15711,"section_number":"2.2-4029","catch_line":"Court judgments","url":"\/2.2-4029\/","token":"2.2\/II\/B\/40\/5\/2.2-4029","metadata":false},{"id":60209,"structure_id":15711,"section_number":"2.2-4030","catch_line":"Recovery of costs and attorney fees from agency","url":"\/2.2-4030\/","token":"2.2\/II\/B\/40\/5\/2.2-4030","metadata":false}],"previous_section":{"id":77109,"structure_id":15711,"section_number":"2.2-4029","catch_line":"Court judgments","url":"\/2.2-4029\/","token":"2.2\/II\/B\/40\/5\/2.2-4029","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-4030\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 446 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1997, chapter 692<\/a>; in 2001, chapter 844<\/a>; in 2016, chapter 625<\/a>; in 2020, chapter 958<\/a>.<\/p>","references":[{"id":65304,"section_number":"10.1-104.9","catch_line":"Regulations under this article","order_by":null,"url":"\/10.1-104.9\/"},{"id":57864,"section_number":"10.1-1308","catch_line":"Regulations","order_by":null,"url":"\/10.1-1308\/"},{"id":69625,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/2.2-4002\/"},{"id":59090,"section_number":"32.1-102.6","catch_line":"Administrative procedures","order_by":null,"url":"\/32.1-102.6\/"},{"id":58604,"section_number":"54.1-3223","catch_line":"Regulations relating to therapeutic pharmaceutical agents","order_by":null,"url":"\/54.1-3223\/"}],"refers_to":[{"id":69625,"section_number":"2.2-4002","catch_line":"Exemptions from chapter generally","order_by":null,"url":"\/2.2-4002\/"},{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"},{"id":66162,"section_number":"2.2-4011","catch_line":"Emergency regulations; publication; exceptions","order_by":null,"url":"\/2.2-4011\/"},{"id":59227,"section_number":"2.2-4018","catch_line":"Exemptions from operation of Article 3","order_by":null,"url":"\/2.2-4018\/"},{"id":69646,"section_number":"2.2-4025","catch_line":"Exemptions operation of this article; limitations","order_by":null,"url":"\/2.2-4025\/"}],"permalink":{"id":176917,"object_type":"law","relational_id":60209,"identifier":"2.2-4030","token":"2.2\/II\/B\/40\/5\/2.2-4030","url":"\/2.2-4030\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-4030\/","token":"2.2\/II\/B\/40\/5\/2.2-4030","dublin_core":{"Title":"Recovery of costs and attorney fees from agency","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-4030","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any civil case<\/span> brought under Article 5 (§ 2.2-4025<\/a> et seq.) or § 2.2-4002<\/a>, 2.2-4006<\/a>, 2.2-4011<\/a>, or 2.2-4018<\/a>, in which any person contests any agency action<\/span>, such person shall be entitled to recover from that agency, including the Department of Wildlife Resources, reasonable costs and attorney fees if such person substantially prevails on the merits of the case<\/span> and (i) the agency’s position is not substantially justified, (ii) the agency action<\/span> was in violation of law<\/span>, or (iii) the agency action<\/span> was for an improper purpose, unless special circumstances would make an award unjust. The award of attorney fees shall not exceed $25,000. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Nothing in this section shall be deemed to grant permission to bring an action against an agency if the agency would otherwise be immune from suit or to grant a right to bring an action by a person who would otherwise lack standing to bring the action. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any costs and attorney fees assessed against an agency under this section shall be charged against the operating expenses of the agency for the fiscal year in which the assessment is made and shall not be reimbursed from any other source. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECOVERY OF COSTS AND ATTORNEY FEES FROM AGENCY (\u00a7 2.2-4030)\n\nA. In any civil case brought under Article 5 (§ 2.2-4025 et seq.) or §\n2.2-4002, 2.2-4006, 2.2-4011, or 2.2-4018, in which any person contests any\nagency action, such person shall be entitled to recover from that agency,\nincluding the Department of Wildlife Resources, reasonable costs and attorney\nfees if such person substantially prevails on the merits of the case and (i) the\nagency’s position is not substantially justified, (ii) the agency action\nwas in violation of law, or (iii) the agency action was for an improper purpose,\nunless special circumstances would make an award unjust. The award of attorney\nfees shall not exceed $25,000.\n\nB. Nothing in this section shall be deemed to grant permission to bring an\naction against an agency if the agency would otherwise be immune from suit or to\ngrant a right to bring an action by a person who would otherwise lack standing\nto bring the action.\n\nC. Any costs and attorney fees assessed against an agency under this section\nshall be charged against the operating expenses of the agency for the fiscal\nyear in which the assessment is made and shall not be reimbursed from any other\nsource.\n\nHISTORY: 1981, c. 446, \u00a7 9-6.14:21; 1997, c. 692; 2001, c. 844; 2016, c. 625;\n2020, c. 958.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}