1. If the Attorney General, a designee of the Attorney General pursuant to NRS 357.070 or a private plaintiff prevails in or settles an action pursuant to NRS 357.080 , the private plaintiff is entitled to a reasonable amount for expenses that the court finds were necessarily incurred, including reasonable costs, attorneys fees and the fees of expert consultants and expert witnesses. Those expenses must be awarded against the defendant, and may not be allowed against the State or a political subdivision. 2. If the Attorney General or the Attorney Generals designee does not proceed with the action and the defendant prevails in the action brought by a private plaintiff, the court may award the defendant reasonable expenses and attorneys fees against the party or parties who participated in the action if it finds that the action was clearly frivolous, clearly vexatious or brought primarily for the purposes of harassment.
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