Ockerman v. Ada County Board of Commissioners

WALTERS, Chief Judge.

This is an appeal in an administrative proceeding. The hearing officer in the proceeding refused to award attorney fees and costs to the claimant, David Ockerman, under I.C. § 12-117,1 holding that such an award was beyond the power of the officer. On an intermediate appeal, the district court affirmed the hearing officer’s decision, but upon the ground that the facts found by the hearing officer in the administrative proceeding would not support Ockerman’s request for the award.

We conclude that the hearing officer erred in determining he lacked authority to make the…