Section 8 AAC 57.260 - Motions for attorney fees and costs(a) A party may request an award of attorney fees and costs on appeal by filing a motion no later than 10 days after the date shown in the commission's notice of distribution of the final decision.(b) A request under (a) of this section for an award of attorney fees must include an affidavit of the party's attorney itemizing the services performed, the amount of time devoted to those services, and the amount sought.(c) A request under (a) of this section for an award of costs must include an itemization of costs.(d) No later than 10 days after service of a motion for attorney fees and costs under (a) of this section, any other party may file an opposition to the motion.(e) The commission may award attorney fees and costs to a successful party on appeal, with or without a hearing, as provided in AS 23.30.008(d).(f) If a party is unsuccessful on appeal to the commission, yet successful on appeal to the supreme court, that party may request an award of attorney fees and costs for work performed before the commission by filing a motion not later than 10 days after the date shown in the supreme court's notice of distribution of its decision.(g) If an appeal to the supreme court is filed before a successful party files a motion for attorney fees for work performed before the commission, and that party also prevails in the supreme court appeal, that party may request an award of attorney fees and costs for work performed before the commission by filing a motion not later than 10 days after the date shown in the supreme court's notice of distribution of its decision.(h) If an appeal to the supreme court is filed before the commission rules on a successfull party's motion for attorney fees and costs for work performed before the commission already filed with the commission, and if the successfull party prevails in the supreme court appeal, the successful party shall refile the prior motion for attorney fees and costs for work performed before the commission not later than 10 days after the date shown in the supreme court's notice of distribution of its decision.Eff. 12/5/2005, Register 176; am 3/27/2011, Register 197; am 2/4/2024, Register 249, April 2024Authority:AS 23.30.008
AS 23.30.127
AS 23.30.128