Although respondent Smith prevailed at all levels in this case, costs may not be awarded against the Employment Division, because the Division did not take a position that was adverse to him. Hoard v. Employment Division, 82 Or App 718, 729 P2d 593 (1986). Neither may costs be awarded against petitioner, a private party. Shetterly, Irick & Shetterly v. Emp. Div., 302 Or 139, 727 P2d 117 (1986).

Motion for costs denied.