Attorneys Fees

Minn. Stat. Chap. 13.085, Subd. 6 creates a rebuttable presumption that a Complainant who substantially prevails on the merits in an action brought through this process is entitled to an award of reasonable attorney fees, not to exceed $5,000. An award of attorney fees may be denied if the Judge determines that the violation is merely technical or that genuine uncertainty exists about the meaning of the governing law. Where a Department of Administration, Information Policy Analysis Division (IPAD), written opinion under section 13.072 exists that is directly related to the dispute and the Respondent did not act in conformity with the opinion, reasonable attorney fees, not to exceed $5,000, must be awarded to a substantially prevailing complainant. However, if the Administrative Law Judge determines that the complaint is frivolous or brought for purposes of harassment, the Judge must order that the Complainant pay the Respondent's reasonable attorney fees, not to exceed $5,000.