46.2-1573.01 - Recovery of attorney's fees.
§ 46.2-1573.01. Recovery of attorney's fees.
Any party to a proceeding under § 46.2-1573 who is found to have violated anyprovision of this article may be ordered by the circuit court before which anapplication therefor is pending to pay the reasonable attorney's fees andcosts incurred by the complaining party, including those attorney's fees andcosts incurred as a result of any appeal. Following issuance of theCommissioner's case decision finding that such violation has occurred, thecomplaining party may make application to an appropriate circuit court forentry of an order awarding it reasonable attorney's fees and costs. Notice ofan initial application for entry of such order shall be served in the mannerprovided by law for the service of a summons in an action. The court shalltake such evidence thereon as it deems necessary. Entry of a judgment inconformity with any order awarding such fees and costs shall be stayedpending any appeal of such order or pending any appeal of the Commissioner'sunderlying decision on the merits. Such application shall be made withinsixty days following the date of the Commissioner's order. Venue for theapplication shall be the circuit court before which any appeal of theCommissioner's decision is pending, and the application may be consideredconcurrently with consideration of the appeal; otherwise, venue shall be asprovided in § 2.2-4003.
(2001, cc. 812, 843.)