                                 CODE OF VIRGINIA

RECOVERY OF ATTORNEY&#8217;S FEES (§ 46.2-1573.01)

Any party to a proceeding under § 46.2-1573 who is found to have violated any
provision of this article may be ordered by the circuit court before which an
application therefor is pending to pay the reasonable attorney&#8217;s fees and
costs incurred by the complaining party, including those attorney&#8217;s fees
and costs incurred as a result of any appeal. Following issuance of the
Commissioner&#8217;s case decision finding that such violation has occurred, the
complaining party may make application to an appropriate circuit court for entry
of an order awarding it reasonable attorney&#8217;s fees and costs. Notice of an
initial application for entry of such order shall be served in the manner
provided by law for the service of a summons in an action. The court shall take
such evidence thereon as it deems necessary. Entry of a judgment in conformity
with any order awarding such fees and costs shall be stayed pending any appeal
of such order or pending any appeal of the Commissioner&#8217;s underlying
decision on the merits. Such application shall be made within sixty days
following the date of the Commissioner&#8217;s order. Venue for the application
shall be the circuit court before which any appeal of the Commissioner&#8217;s
decision is pending, and the application may be considered concurrently with
consideration of the appeal; otherwise, venue shall be as provided in §
2.2-4003.

HISTORY: 2001, cc. 812, 843.