IC 8-1-3
    Chapter 3. Judicial Review of Utility Regulatory CommissionDecisions

IC 8-1-3-1
Appeals; time limitations; assignments of error
    Sec. 1. Any person, firm, association, corporation, limited liabilitycompany, city, town, or public utility adversely affected by any finaldecision, ruling, or order of the commission may, within thirty (30)days from the date of entry of such decision, ruling, or order, appealto the court of appeals of Indiana for errors of law under the sameterms and conditions as govern appeals in ordinary civil actions,except as otherwise provided in this chapter and with the right in thelosing party or parties in the court of appeals to apply to the supremecourt for a petition to transfer the cause to said supreme court as inother cases. An assignment of errors that the decision, ruling, ororder of the commission is contrary to law shall be sufficient topresent both the sufficiency of the facts found to sustain the decision,ruling, or order, and the sufficiency of the evidence to sustain thefinding of facts upon which it was rendered.
(Formerly: Acts 1957, c.189, s.1.) As amended by P.L.23-1988,SEC.34; P.L.8-1993, SEC.118.

IC 8-1-3-2
Petition for rehearing; time for ruling; actions for mandate;termination of right of appeal
    Sec. 2. (a) If a petition for rehearing is filed with the commissionby a party to the proceeding before the commission, within the timeallowed by the rules of the commission, the commission must rule onthe petition within a reasonable period of time after the filing of thefinal pleading filed in support of or opposition to the petition. If thecommission fails to rule on the petition within a reasonable period oftime, the petitioner may bring an action for mandate under IC 34-27to compel the commission to make the ruling. However,notwithstanding IC 34-27 or any other law or rule, the action formandate may only be filed in the court of appeals. For the purposesof IC 1-1-1-8, if any part of this subsection is held invalid, the entiresubsection is void.
    (b) If a petition for rehearing is filed with the commission by anyparty to the proceeding before the commission, within the timeallowed by the rules of the commission, and prior to the filing of thecommission record with the clerk of the supreme court, the right toappeal under this chapter terminates thirty (30) days after thedetermination by the commission on such petition for rehearing. Theappeal shall not be submitted prior to that determination of thepetition for rehearing, and the decision of the commission on thepetition shall not be assigned as error unless the final decision,ruling, or order of the commission is modified or amended as a resultof the petition without further hearing ordered.
(Formerly: Acts 1957, c.189, s.2.) As amended by P.L.3-1989,

SEC.51; P.L.106-1989, SEC.2; P.L.1-1998, SEC.87.

IC 8-1-3-3
Petition to be made party applicant; intervenor or protestant
    Sec. 3. Any person firm, association, corporation, limited liabilitycompany, city, town or public utility may file with the clerk of thecourt a verified petition to be made a party appellant or appellee,which petition shall allege facts showing that the petitioner has asubstantial interest in the determination of the action, and suchpetitioner shall be made a party appellant or appellee as its interestappears. Any party applicant, intervenor or protestant in theproceedings had before the commission in the matter from which theappeal is taken shall be and have the rights of a party on appeal, uponthe filing of a written appearance therein. But no party by hisappearance or petition to be made a party shall acquire the right tofile a brief, the time for filing of which has expired prior to hisappearance.
(Formerly: Acts 1957, c.189, s.3.) As amended by P.L.8-1993,SEC.119.

IC 8-1-3-4
Assignment of errors and transcript of record; filing
    Sec. 4. (a) Within twenty (20) days after the entry or rendition ofany final decision, ruling, or order of the commission, or withintwenty (20) days after the entry or rendition of any determination ofthe commission upon a petition for rehearing duly filed pursuant tothe rules of the commission, any person, firm, association,corporation, limited liability company, city, town, or public utilitydesiring to appeal the cause to the court of appeals shall file with thecommission a written request for the record, and the commissionshall order that a certified transcript be prepared, containing allpleadings and papers filed, notices given and entered of record,proceedings had, testimony taken, and orders entered.
    (b) No extension of time shall be granted by the court of appealsfor the filing of an assignment of errors and the transcript of therecord, unless a showing be made that the written request for therecord was duly filed within the time granted under this section.
(Formerly: Acts 1957, c.189, s.4.) As amended by P.L.3-1989,SEC.52; P.L.8-1993, SEC.120.

IC 8-1-3-5
Service of papers
    Sec. 5. A copy of any assignment of errors or of cross-errors filedin the court of appeals shall be served by mail, on or before the dateof such filing, upon all parties or their attorneys of record as shownby the commission record filed. Copies of briefs shall be served, bymail, upon only the attorney general and those parties or theirattorneys of record who have filed an appearance or assignment oferrors with the clerk of the supreme court.
(Formerly: Acts 1957, c.189, s.5.) As amended by P.L.3-1989,

SEC.53.

IC 8-1-3-6
Presumption; rates; collection pending appeal
    Sec. 6. All rules, practices, installations, and services prescribed,approved, or required by the commission shall be in force and shallbe prima facie reasonable unless finally found otherwise by the courtof appeals or by the supreme court if the cause is transferred to anddecided by that court. However, pending the appeal as in this chapterprovided, any municipally owned utility, public utility, rural electricmembership corporation, or rural telephone cooperative associationwhose rate or rates are affected by the decision, ruling, or orderappealed from shall have the right to collect the rate or rates as fixedby said decision, ruling, or order, or the former rate, whichever ishigher in amount, and such municipally owned utility, public utility,corporation, or association shall refund the difference to eachconsumer or contract customer if such difference be not sustainedupon appeal. However, pending the appeal as in this chapterprovided, the court of appeals, upon good cause shown by verifiedpetition, may authorize and permit, but not require, any common orcontract carrier whose rate or rates are affected by the decision,ruling, or order appealed from, to collect the rate or rates publishedand in effect or the rate or rates sought to be put into effect,immediately prior to the commencement of the proceeding before thecommission, subject to such provisions for bond or escrow as thecourt shall provide to protect the interest of all parties of recordbefore the court.
(Formerly: Acts 1957, c.189, s.6.) As amended by Acts 1977,P.L.100, SEC.1; P.L.384-1987(ss), SEC.8.

IC 8-1-3-7
Determination of appeal; remand of proceedings for rehearing;injunctions
    Sec. 7. (a) Upon determination of the appeal, the court shall havejurisdiction to affirm or set aside such decision, ruling, or order ofthe commission, in whole or in part, or remand the proceeding to thecommission with instructions. No evidence beyond that contained inthe record of the proceedings before the commission shall beconsidered or received by the court, except that in cases where issuesof confiscation or of constitutional right are involved, the court, onits own motion or verified petition of a party, may order suchadditional evidence as it deems necessary for the determination ofsuch issues to be taken before the commission and to be received atthe hearing before the commission in such manner and upon suchterms and conditions as the court shall order.
    (b) If a new hearing is ordered under subsection (a), thecommission is not required to receive any evidence as to facts whichwere in existence at the time of the prior commission hearing orhearings, except upon a showing, either to the court in the firstinstance, or the commission, upon the hearing, that:        (1) the evidence was not available for presentation to thecommission prior to the entry of its final decision, ruling, ororder, or prior to the determination of the commission upon thepetition for rehearing, if a petition for rehearing was filed; and
        (2) due diligence was exercised by the party offering theevidence to procure and present the evidence to the commissionprior to the entry of its final decision, ruling, or order, or itsdetermination upon the petition for rehearing, if any was filed.
    (c) Whenever the court shall order additional evidence to be takenthe commission shall promptly hear and report the evidence to thecourt so that the proof may be brought as nearly as reasonablypossible down to the date of its report to the court. The commissionmay, after hearing such evidence, modify its findings as to facts andits original decision, ruling, or order, and it shall file with the courtthe amended decision or orders and any modified or new findings.
    (d) If the commission modifies or amends its original decision ororders, the appealing party or any other party aggrieved by themodified or amended decision or order may file with the court,within the time allowed by the court, a specification of any errors oflaw claimed to have been made by the commission in the modifieddecision or orders. A specification of errors shall be considered bythe court in addition to the errors of law asserted in the assignmentor assignments of error.
    (e) The supreme court and the court of appeals, as the case maybe, have jurisdiction, upon application of the commission or anyparty, to order or enjoin temporarily or permanently the enforcementof any determination, ruling, or order of the commission made in thecause.
    (f) The supreme court and the court of appeals, as the case maybe, also have jurisdiction upon application of a public utility to issuetemporary injunctions protecting the utility in the collection of ratesdetermined by the court to be nonconfiscatory during the pendencyof the proceeding and until nonconfiscatory rates are fixed by thecommission if existing rates are finally determined to beconfiscatory, with appropriate provisions as to bonds and refunds.
(Formerly: Acts 1957, c.189, s.7.) As amended by P.L.3-1989,SEC.54.

IC 8-1-3-8
Costs
    Sec. 8. The cost of preparing the transcript of the record, onreasonable terms fixed by general administrative order of thecommission, shall be paid in the first instance upon receipt of thetranscript by the person filing the written request for the transcript,and the amount shall be stated as paid in the certificate of thesecretary which authenticates the transcript of record. However, allcosts incurred in connection with the appeal shall be awarded andtaxed as provided in other appeals of a civil nature in the supremecourt or the court of appeals. That part of the cost of the transcript ofthe record which is incurred by reason of the transcription of oral

testimony by any reporter appointed by the commission shall becomethe property of the reporter when paid.
(Formerly: Acts 1957, c.189, s.8.) As amended by P.L.3-1989,SEC.55.

IC 8-1-3-9
Opposing affidavits; time to file
    Sec. 9. Upon the filing of any petition provided for in this chapter,all parties of record on appeal shall have ten (10) days, or such othertime as provided by the court of appeals or supreme court, in whichto file opposing affidavits.
(Formerly: Acts 1957, c.189, s.9.) As amended by P.L.59-1984,SEC.49.

IC 8-1-3-10
Questions of law; certification by commission
    Sec. 10. The commission, of its own motion, may certifyquestions of law to the court of appeals for a decision anddetermination.
(Formerly: Acts 1957, c.189, s.10.) As amended by P.L.3-1989,SEC.56.

IC 8-1-3-11
Enforcement proceedings by commission
    Sec. 11. Nothing in this chapter contained shall be construed toaffect the duty or power of the commission to commence andprosecute enforcement proceedings in its own name or the name ofthe state of Indiana, in the circuit or superior courts of this state,pursuant to the provisions of other statutes, except insofar as suchproceedings may interfere with the jurisdiction of the court ofappeals or supreme court in a cause then pending on appeal.
(Formerly: Acts 1957, c.189, s.11.) As amended by P.L.59-1984,SEC.50; P.L.23-1988, SEC.35.

IC 8-1-3-12
Repealed
    (Repealed by P.L.59-1984, SEC.51.)