(a) The hearings officer in an administrative adjudicatory proceeding or the court in a civil action shall determine whether the proceeding or action is groundless and brought:
(1) in bad faith; or
(2) for purposes of harassment.
(b) In making the determination, the hearings officer or court shall consider:
(1) the multiplicity of parties;
(2) the complexity of the claims and defenses;
(3) the length of time available to the agency to investigate and conduct discovery; and
(4) affidavits, depositions, and any other relevant matters.
(c) In making a determination, a hearings officer or a court may not consider the amount of damages, civil penalties, fines, taxes, or other monetary recovery sought by the state agency.