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Current as of January 01, 2025 | Updated by Findlaw Staff
Sec. 209. (1) If the commission finds that a party's position in a proceeding under this act was frivolous, the commission shall award to the prevailing party the costs, including reasonable attorney fees, against the nonprevailing party and their attorney.
(2) As used in this section:
(a) “Frivolous” means that at least 1 of the following conditions is met:
(i) The party's primary purpose in initiating the proceeding or asserting the defense was to harass, embarrass, or injure the prevailing party.
(ii) The party had no reasonable basis to believe that the facts underlying that party's legal position were true.
(iii) The party's legal position was devoid of arguable legal merit.
(b) “Frivolous” does not mean a complaint filed to challenge a rate alteration increase for basic local service if the complaint has been reviewed by the commission and has not been dismissed by the commission pursuant to section 203(2). 1
(c) “Prevailing party” means a party who wins in the proceeding.
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 484. Telephone, Telegraph and Radio § 484.2209 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-484-telephone-telegraph-and-radio/mi-comp-laws-484-2209/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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