Section 290-RICR-30-00-5.5 - Allowance of AwardsA. Whenever a party which has provided the Department with timely notice of the intention to seek an award of litigation expenses as provided in these rules, prevails in contesting an agency action, and the Adjudicative officer finds that the Department was not Substantially justified in: 1. The actions leading to the proceedings; and2. In the proceeding itself: an award shall be made of reasonable litigation expensesB. The decision of the Adjudicative officer to make an award shall be made a part of the record, shall include written findings and conclusions with respect to the award, and shall be sent to the claimant, unless the same is represented by an attorney, in which case the decision shall be sent to the attorney of record. 1. No other agency official may review the award.C. Fees and other expenses awarded, shall be paid by the agency from any sums available to the agency.290 R.I. Code R. 290-RICR-30-00-5.5