Muddy Boys, Inc. v. Dep't of Commerce

HARRIS, Judge:

¶1 In this case, we are asked to decide whether a contractor who successfully defends itself in an administrative enforcement action brought against it by the Utah Division of Occupational and Professional Licensing (DOPL) may as the "prevailing party" recover attorney fees and costs from DOPL. See Utah Code Ann. § 58-55-503 (5)(d) (LexisNexis 2016). In administrative decisions, DOPL and the Department of Commerce (the Department) each interpreted the governing statute as forbidding such fee awards. Muddy Boys, Inc. (Muddy Boys) challenges those decisions and, although we…