CHAPTER 19. DETERMINATIONS
IC 5-22-19
Chapter 19. Determinations
IC 5-22-19-1
Determinations final and conclusive; judicial review
Sec. 1. The determinations required by this article are final andconclusive, and subject to judicial review under section 2 of thischapter.
As added by P.L.49-1997, SEC.1.
IC 5-22-19-2
Petition for judicial review; filing; relief
Sec. 2. (a) A person aggrieved by a determination under thisarticle may file a petition for judicial review of that determination ina court of appropriate jurisdiction.
(b) The court shall grant relief only if it determines that a personseeking judicial relief has been substantially prejudiced by adetermination that is any of the following:
(1) Arbitrary, capricious, an abuse of discretion, or otherwisenot in accordance with law.
(2) Contrary to constitutional right, power, privilege, orimmunity.
(3) In excess of statutory jurisdiction, authority, or limitations,or short of statutory right.
(4) Without observance of procedure required by law.
(5) Unsupported by substantial evidence.
As added by P.L.49-1997, SEC.1.
IC 5-22-19-3
Burden of demonstrating invalidity
Sec. 3. The burden of demonstrating the invalidity of thedetermination is on the person asserting the invalidity.
As added by P.L.49-1997, SEC.1.
IC 5-22-19-4
Setting aside determination; remanding case
Sec. 4. (a) If the court finds that a person has been substantiallyprejudiced by a determination, the court may set aside thedetermination. The court may remand the case to the governmentalbody for further proceedings and compel an action by thegovernmental body that has been unreasonably delayed or unlawfullywithheld.
(b) A court may not award damages in an action under thischapter.
As added by P.L.49-1997, SEC.1.
IC 5-22-19-5
Standing
Sec. 5. An Indiana taxpayer has standing to:
(1) challenge a determination made under IC 5-22-15-25(d); and (2) enforce a contract provision required by IC 5-22-17-14 if thecontract is related to steel products (as defined inIC 5-22-15-25(a)) or supplies manufactured by steel products.
As added by P.L.194-2001, SEC.4.