In an administrative action for revocation, in which outcomes does this provision place the litigation costs on the defendant?
General information · Not legal advice
Material to check
In a practice file we read the court's decision or ruling that ended the claim, to see whether the claim was dismissed on the ground the provision names or ended because the agency itself cancelled or altered the disposition, and the agency's own document recording that cancellation or alteration.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision in full: litigation costs are borne by the defendant where the claim for revocation is dismissed on the ground the provision on dismissal sets out, or where the claim is dismissed or rejected as a result of the administrative agency cancelling or altering the disposition or other act.
Another reading notes the provision only assigns costs to the defendant in those two stated outcomes, so where a claim ends on some other ground, or the agency's alteration is contested as incomplete, the provision itself is silent on who bears the costs.
Your judgment
If the agency altered the disposition only in part, does that count as the claim being dismissed in consequence of the alteration?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to extend or limit the rule on who bears costs, or if a court decision clarifies when an agency's alteration makes the costs the defendant's.