IC 4-21.5-5-1 Exclusive means for judicial review; exceptions
Sec. 1. Except as provided in IC 22-9 and IC 22-9.5, this chapter
establishes the exclusive means for judicial review of an agency
action. However, a subpoena, discovery order, or protective order
issued under this article may be contested only in an action for civil
enforcement under IC 4-21.5-6-2. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.17;
P.L.14-1994, SEC.1.
IC 4-21.5-5-2 Petition; persons entitled to judicial review
Sec. 2. (a) Judicial review is initiated by filing a petition for
review in the appropriate court.
(b) Only a person who qualifies under:
(1) section 3 of this chapter concerning standing;
(2) section 4 of this chapter concerning exhaustion of
administrative remedies;
(3) section 5 of this chapter concerning the time for filing a
petition for review;
(4) section 13 of this chapter concerning the time for filing the
agency record for review; and
(5) any other statute that sets conditions for the availability of
judicial review;
is entitled to review of a final agency action.
(c) A person is entitled to judicial review of a nonfinal agency
action only if the person establishes both of the following:
(1) Immediate and irreparable harm.
(2) No adequate remedy exists at law. (The failure of a person
to comply with the procedural requirements of this article may
not be the basis for a finding of an inadequate remedy at law.) As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-3 Standing
Sec. 3. (a) The following have standing to obtain judicial review
of an agency action:
(1) A person to whom the agency action is specifically directed.
(2) A person who was a party to the agency proceedings that led
to the agency action.
(3) A person eligible for standing under a law applicable to the
agency action.
(4) A person otherwise aggrieved or adversely affected by the
agency action.
(b) A person has standing under subsection (a)(4) only if:
(1) the agency action has prejudiced or is likely to prejudice the
interests of the person;
(2) the person:
(A) was eligible for an initial notice of an order or
proceeding under this article, was not notified of the order or
proceeding in substantial compliance with this article, and
did not have actual notice of the order or proceeding before
the last date in the proceeding that the person could object or
otherwise intervene to contest the agency action; or
(B) was qualified to intervene to contest an agency action
under IC 4-21.5-3-21(a), petitioned for intervention in the
proceeding, and was denied party status;
(3) the person's asserted interests are among those that the
agency was required to consider when it engaged in the agency
action challenged; and
(4) a judgment in favor of the person would substantially
eliminate or redress the prejudice to the person caused or likely
to be caused by the agency action. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.18;
P.L.178-2002, SEC.1; P.L.219-2007, SEC.5.
IC 4-21.5-5-4 Exhaustion of administrative remedies; waiver of right to review
Sec. 4. (a) A person may file a petition for judicial review under
this chapter only after exhausting all administrative remedies
available within the agency whose action is being challenged and
within any other agency authorized to exercise administrative review.
(b) A person who:
(1) fails to timely object to an order or timely petition for
review of an order within the period prescribed by this article;
or
(2) is in default under this article;
has waived the person's right to judicial review under this chapter. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-5 Time for filing
Sec. 5. Except as otherwise provided, a petition for review is
timely only if it is filed within thirty (30) days after the date that
notice of the agency action that is the subject of the petition for
judicial review was served. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-6 Venue
Sec. 6. (a) Venue is in the judicial district where:
(1) the petitioner resides or maintains a principal place of
business;
(2) the agency action is to be carried out or enforced; or
(3) the principal office of the agency taking the agency action
is located.
(b) If more than one (1) person may be aggrieved by the agency
action, only one (1) proceeding for review may be had, and the court
in which a petition for review is first properly filed has jurisdiction.
(c) The rules of procedure governing civil actions in the courts
govern pleadings and requests under this chapter for a change of
judge or change of venue to another judicial district described in
subsection (a).
(d) Each person who was a party to the proceeding before the
agency is a party to the petition for review. As added by P.L.18-1986, SEC.1. Amended by P.L.198-2001, SEC.3;
P.L.219-2007, SEC.6.
IC 4-21.5-5-7 Petition; filing; contents
Sec. 7. (a) A petition for review must be filed with the clerk of the
court.
(b) A petition for review must be verified and set forth the
following:
(1) The name and mailing address of the petitioner.
(2) The name and mailing address of the agency whose action
is at issue.
(3) Identification of the agency action at issue, together with a
copy, summary, or brief description of the agency action.
(4) Identification of persons who were parties in any
proceedings that led to the agency action.
(5) Specific facts to demonstrate that the petitioner is entitled to
obtain judicial review under section 2 of this chapter.
(6) Specific facts to demonstrate that the petitioner has been
prejudiced by one (1) or more of the grounds described in
section 14 of this chapter.
(7) A request for relief, specifying the type and extent of relief
requested. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.19.
IC 4-21.5-5-8 Service; rules of procedure
Sec. 8. (a) A petitioner for judicial review shall serve a copy of
the petition upon:
(1) the ultimate authority issuing the order;
(2) the ultimate authority for each other agency exercising
administrative review of the order;
(3) the attorney general; and
(4) each party to the proceeding before an agency;
in the manner provided by the rules of procedure governing civil
actions in the courts. If the ultimate authority consists of more than
one (1) individual, service on the ultimate authority must be made to
the secretary or chairperson of the ultimate authority.
(b) The petitioner shall use means provided by the rules of
procedure governing civil actions in the courts to give notice of the
petition for review to all other parties in any proceedings that led to
the agency action.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-9 Stay of order pending court decision
Sec. 9. (a) If a petition for judicial review concerns a matter other
than an assessment or determination of tax due or claimed to be due
the state, and the law concerning the agency whose order is being
reviewed does not preclude a stay of the order by the court, the
person seeking the review may seek, by filing a verified petition, an
order of the court staying the action of the agency pending decision
by the court. The court may enter an order staying the agency order
pending a final determination if:
(1) the court finds that the petition for review and the petition
for a stay order show a reasonable probability that the order or
determination appealed from is invalid or illegal; and
(2) a bond is filed that is conditioned upon the due prosecution
of the proceeding for review and that the petitioner will pay all
court costs and abide by the order of the agency if it is not set
aside. The bond must be in the amount and with the surety
approved by the court. However, the amount of the bond must
be at least five hundred dollars ($500).
(b) If a petition for review concerns a revocation or suspension of
a license and the law governing the agency permits a staying of the
action of the agency by court order pending judicial review, any stay
ordered under subsection (a) is effective during the period of the
review and any appeal from the review and until the review is finally
determined, unless otherwise ordered by the court granting the stay.
If the stay is granted as provided in this section and the determination
of the agency is approved on final determination, the revocation or
suspension of the license immediately becomes effective. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.20.
IC 4-21.5-5-10 Issues not raised before agency
Sec. 10. A person may obtain judicial review of an issue that was
not raised before the agency, only to the extent that:
(1) the issue concerns whether a person who was required to be
notified by this article of the commencement of a proceeding
was notified in substantial compliance with this article; or
(2) the interests of justice would be served by judicial
resolution of an issue arising from a change in controlling law
occurring after the agency action. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.21.
IC 4-21.5-5-11 Fact issues confined to record
Sec. 11. Judicial review of disputed issues of fact must be
confined to the agency record for the agency action supplemented by
additional evidence taken under section 12 of this chapter. The court
may not try the cause de novo or substitute its judgment for that of
the agency. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-12 Evidence; remand to agency for further factfinding
Sec. 12. (a) The court may receive evidence, in addition to that
contained in the agency record for judicial review, only if it relates
to the validity of the agency action at the time it was taken and is
needed to decide disputed issues regarding one (1) or both of the
following:
(1) Improper constitution as a decision-making body or grounds
for disqualification of those taking the agency action.
(2) Unlawfulness of procedure or of decision-making process.
This subsection applies only if the additional evidence could not, by
due diligence, have been discovered and raised in the administrative
proceeding giving rise to a proceeding for judicial review.
(b) The court may remand a matter to the agency before final
disposition of a petition for review with directions that the agency
conduct further factfinding or that the agency prepare an adequate
record, if:
(1) the agency failed to prepare or preserve an adequate record;
(2) the agency improperly excluded or omitted evidence from
the record; or
(3) a relevant law changed after the agency action and the court
determines that the new provision of law may control the
outcome. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-13 Transmittal of agency record; costs; corrections or additions
Sec. 13. (a) Within thirty (30) days after the filing of the petition,
or within further time allowed by the court or by other law, the
petitioner shall transmit to the court the original or a certified copy
of the agency record for judicial review of the agency action,
consisting of:
(1) any agency documents expressing the agency action;
(2) other documents identified by the agency as having been
considered by it before its action and used as a basis for its
action; and
(3) any other material described in this article as the agency
record for the type of agency action at issue, subject to this
section.
(b) An extension of time in which to file the record shall be
granted by the court for good cause shown. Inability to obtain the
record from the responsible agency within the time permitted by this
section is good cause. Failure to file the record within the time
permitted by this subsection, including any extension period ordered
by the court, is cause for dismissal of the petition for review by the
court, on its own motion, or on petition of any party of record to the
proceeding.
(c) Upon a written request by the petitioner, the agency taking the
action being reviewed shall prepare the agency record for the
petitioner. If part of the record has been preserved without a
transcript, the agency shall prepare a transcript for inclusion in the
record transmitted to the court, except for portions that the parties to
the judicial review proceeding stipulate to omit in accordance with
subsection (e).
(d) Notwithstanding IC 5-14-3-8, the agency shall charge the
petitioner with the reasonable cost of preparing any necessary copies
and transcripts for transmittal to the court, unless a person files with
the court, under oath and in writing, the statement described by
IC 33-37-3-2.
(e) By stipulation of all parties to the review proceedings, the
record may be shortened, summarized, or organized.
(f) The court may tax the cost of preparing transcripts and copies
for the record:
(1) against a party to the judicial review proceeding who
unreasonably refuses to stipulate to shorten, summarize, or
organize the record; or
(2) in accordance with the rules governing civil actions in the
courts or other law.
(g) Additions to the record concerning evidence received under
section 12 of this chapter must be made as ordered by the court. The
court may require or permit subsequent corrections or additions to
the record. As added by P.L.18-1986, SEC.1. Amended by P.L.11-1987, SEC.6;
P.L.3-1989, SEC.24; P.L.98-2004, SEC.47.
IC 4-21.5-5-14 Burden of proof; standards of review
Sec. 14. (a) The burden of demonstrating the invalidity of agency
action is on the party to the judicial review proceeding asserting
invalidity.
(b) The validity of agency action shall be determined in
accordance with the standards of review provided in this section, as
applied to the agency action at the time it was taken.
(c) The court shall make findings of fact on each material issue on
which the court's decision is based.
(d) The court shall grant relief under section 15 of this chapter
only if it determines that a person seeking judicial relief has been
prejudiced by an agency action that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;
(2) contrary to constitutional right, power, privilege, or
immunity;
(3) in excess of statutory jurisdiction, authority, or limitations,
or short of statutory right;
(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.22. IC 4-21.5-5-15 Disposition
Sec. 15. If the court finds that a person has been prejudiced under
section 14 of this chapter, the court may set aside an agency action
and:
(1) remand the case to the agency for further proceedings; or
(2) compel agency action that has been unreasonably delayed or
unlawfully withheld. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.23.
IC 4-21.5-5-16 Decisions on petitions; appeal
Sec. 16. Decisions on petitions for review of agency action are
appealable in accordance with the rules governing civil appeals from
the courts. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-1 Exclusive means for judicial review; exceptions
Sec. 1. Except as provided in IC 22-9 and IC 22-9.5, this chapter
establishes the exclusive means for judicial review of an agency
action. However, a subpoena, discovery order, or protective order
issued under this article may be contested only in an action for civil
enforcement under IC 4-21.5-6-2. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.17;
P.L.14-1994, SEC.1.
IC 4-21.5-5-2 Petition; persons entitled to judicial review
Sec. 2. (a) Judicial review is initiated by filing a petition for
review in the appropriate court.
(b) Only a person who qualifies under:
(1) section 3 of this chapter concerning standing;
(2) section 4 of this chapter concerning exhaustion of
administrative remedies;
(3) section 5 of this chapter concerning the time for filing a
petition for review;
(4) section 13 of this chapter concerning the time for filing the
agency record for review; and
(5) any other statute that sets conditions for the availability of
judicial review;
is entitled to review of a final agency action.
(c) A person is entitled to judicial review of a nonfinal agency
action only if the person establishes both of the following:
(1) Immediate and irreparable harm.
(2) No adequate remedy exists at law. (The failure of a person
to comply with the procedural requirements of this article may
not be the basis for a finding of an inadequate remedy at law.) As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-3 Standing
Sec. 3. (a) The following have standing to obtain judicial review
of an agency action:
(1) A person to whom the agency action is specifically directed.
(2) A person who was a party to the agency proceedings that led
to the agency action.
(3) A person eligible for standing under a law applicable to the
agency action.
(4) A person otherwise aggrieved or adversely affected by the
agency action.
(b) A person has standing under subsection (a)(4) only if:
(1) the agency action has prejudiced or is likely to prejudice the
interests of the person;
(2) the person:
(A) was eligible for an initial notice of an order or
proceeding under this article, was not notified of the order or
proceeding in substantial compliance with this article, and
did not have actual notice of the order or proceeding before
the last date in the proceeding that the person could object or
otherwise intervene to contest the agency action; or
(B) was qualified to intervene to contest an agency action
under IC 4-21.5-3-21(a), petitioned for intervention in the
proceeding, and was denied party status;
(3) the person's asserted interests are among those that the
agency was required to consider when it engaged in the agency
action challenged; and
(4) a judgment in favor of the person would substantially
eliminate or redress the prejudice to the person caused or likely
to be caused by the agency action. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.18;
P.L.178-2002, SEC.1; P.L.219-2007, SEC.5.
IC 4-21.5-5-4 Exhaustion of administrative remedies; waiver of right to review
Sec. 4. (a) A person may file a petition for judicial review under
this chapter only after exhausting all administrative remedies
available within the agency whose action is being challenged and
within any other agency authorized to exercise administrative review.
(b) A person who:
(1) fails to timely object to an order or timely petition for
review of an order within the period prescribed by this article;
or
(2) is in default under this article;
has waived the person's right to judicial review under this chapter. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-5 Time for filing
Sec. 5. Except as otherwise provided, a petition for review is
timely only if it is filed within thirty (30) days after the date that
notice of the agency action that is the subject of the petition for
judicial review was served. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-6 Venue
Sec. 6. (a) Venue is in the judicial district where:
(1) the petitioner resides or maintains a principal place of
business;
(2) the agency action is to be carried out or enforced; or
(3) the principal office of the agency taking the agency action
is located.
(b) If more than one (1) person may be aggrieved by the agency
action, only one (1) proceeding for review may be had, and the court
in which a petition for review is first properly filed has jurisdiction.
(c) The rules of procedure governing civil actions in the courts
govern pleadings and requests under this chapter for a change of
judge or change of venue to another judicial district described in
subsection (a).
(d) Each person who was a party to the proceeding before the
agency is a party to the petition for review. As added by P.L.18-1986, SEC.1. Amended by P.L.198-2001, SEC.3;
P.L.219-2007, SEC.6.
IC 4-21.5-5-7 Petition; filing; contents
Sec. 7. (a) A petition for review must be filed with the clerk of the
court.
(b) A petition for review must be verified and set forth the
following:
(1) The name and mailing address of the petitioner.
(2) The name and mailing address of the agency whose action
is at issue.
(3) Identification of the agency action at issue, together with a
copy, summary, or brief description of the agency action.
(4) Identification of persons who were parties in any
proceedings that led to the agency action.
(5) Specific facts to demonstrate that the petitioner is entitled to
obtain judicial review under section 2 of this chapter.
(6) Specific facts to demonstrate that the petitioner has been
prejudiced by one (1) or more of the grounds described in
section 14 of this chapter.
(7) A request for relief, specifying the type and extent of relief
requested. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.19.
IC 4-21.5-5-8 Service; rules of procedure
Sec. 8. (a) A petitioner for judicial review shall serve a copy of
the petition upon:
(1) the ultimate authority issuing the order;
(2) the ultimate authority for each other agency exercising
administrative review of the order;
(3) the attorney general; and
(4) each party to the proceeding before an agency;
in the manner provided by the rules of procedure governing civil
actions in the courts. If the ultimate authority consists of more than
one (1) individual, service on the ultimate authority must be made to
the secretary or chairperson of the ultimate authority.
(b) The petitioner shall use means provided by the rules of
procedure governing civil actions in the courts to give notice of the
petition for review to all other parties in any proceedings that led to
the agency action.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-9 Stay of order pending court decision
Sec. 9. (a) If a petition for judicial review concerns a matter other
than an assessment or determination of tax due or claimed to be due
the state, and the law concerning the agency whose order is being
reviewed does not preclude a stay of the order by the court, the
person seeking the review may seek, by filing a verified petition, an
order of the court staying the action of the agency pending decision
by the court. The court may enter an order staying the agency order
pending a final determination if:
(1) the court finds that the petition for review and the petition
for a stay order show a reasonable probability that the order or
determination appealed from is invalid or illegal; and
(2) a bond is filed that is conditioned upon the due prosecution
of the proceeding for review and that the petitioner will pay all
court costs and abide by the order of the agency if it is not set
aside. The bond must be in the amount and with the surety
approved by the court. However, the amount of the bond must
be at least five hundred dollars ($500).
(b) If a petition for review concerns a revocation or suspension of
a license and the law governing the agency permits a staying of the
action of the agency by court order pending judicial review, any stay
ordered under subsection (a) is effective during the period of the
review and any appeal from the review and until the review is finally
determined, unless otherwise ordered by the court granting the stay.
If the stay is granted as provided in this section and the determination
of the agency is approved on final determination, the revocation or
suspension of the license immediately becomes effective. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.20.
IC 4-21.5-5-10 Issues not raised before agency
Sec. 10. A person may obtain judicial review of an issue that was
not raised before the agency, only to the extent that:
(1) the issue concerns whether a person who was required to be
notified by this article of the commencement of a proceeding
was notified in substantial compliance with this article; or
(2) the interests of justice would be served by judicial
resolution of an issue arising from a change in controlling law
occurring after the agency action. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.21.
IC 4-21.5-5-11 Fact issues confined to record
Sec. 11. Judicial review of disputed issues of fact must be
confined to the agency record for the agency action supplemented by
additional evidence taken under section 12 of this chapter. The court
may not try the cause de novo or substitute its judgment for that of
the agency. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-12 Evidence; remand to agency for further factfinding
Sec. 12. (a) The court may receive evidence, in addition to that
contained in the agency record for judicial review, only if it relates
to the validity of the agency action at the time it was taken and is
needed to decide disputed issues regarding one (1) or both of the
following:
(1) Improper constitution as a decision-making body or grounds
for disqualification of those taking the agency action.
(2) Unlawfulness of procedure or of decision-making process.
This subsection applies only if the additional evidence could not, by
due diligence, have been discovered and raised in the administrative
proceeding giving rise to a proceeding for judicial review.
(b) The court may remand a matter to the agency before final
disposition of a petition for review with directions that the agency
conduct further factfinding or that the agency prepare an adequate
record, if:
(1) the agency failed to prepare or preserve an adequate record;
(2) the agency improperly excluded or omitted evidence from
the record; or
(3) a relevant law changed after the agency action and the court
determines that the new provision of law may control the
outcome. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-13 Transmittal of agency record; costs; corrections or additions
Sec. 13. (a) Within thirty (30) days after the filing of the petition,
or within further time allowed by the court or by other law, the
petitioner shall transmit to the court the original or a certified copy
of the agency record for judicial review of the agency action,
consisting of:
(1) any agency documents expressing the agency action;
(2) other documents identified by the agency as having been
considered by it before its action and used as a basis for its
action; and
(3) any other material described in this article as the agency
record for the type of agency action at issue, subject to this
section.
(b) An extension of time in which to file the record shall be
granted by the court for good cause shown. Inability to obtain the
record from the responsible agency within the time permitted by this
section is good cause. Failure to file the record within the time
permitted by this subsection, including any extension period ordered
by the court, is cause for dismissal of the petition for review by the
court, on its own motion, or on petition of any party of record to the
proceeding.
(c) Upon a written request by the petitioner, the agency taking the
action being reviewed shall prepare the agency record for the
petitioner. If part of the record has been preserved without a
transcript, the agency shall prepare a transcript for inclusion in the
record transmitted to the court, except for portions that the parties to
the judicial review proceeding stipulate to omit in accordance with
subsection (e).
(d) Notwithstanding IC 5-14-3-8, the agency shall charge the
petitioner with the reasonable cost of preparing any necessary copies
and transcripts for transmittal to the court, unless a person files with
the court, under oath and in writing, the statement described by
IC 33-37-3-2.
(e) By stipulation of all parties to the review proceedings, the
record may be shortened, summarized, or organized.
(f) The court may tax the cost of preparing transcripts and copies
for the record:
(1) against a party to the judicial review proceeding who
unreasonably refuses to stipulate to shorten, summarize, or
organize the record; or
(2) in accordance with the rules governing civil actions in the
courts or other law.
(g) Additions to the record concerning evidence received under
section 12 of this chapter must be made as ordered by the court. The
court may require or permit subsequent corrections or additions to
the record. As added by P.L.18-1986, SEC.1. Amended by P.L.11-1987, SEC.6;
P.L.3-1989, SEC.24; P.L.98-2004, SEC.47.
IC 4-21.5-5-14 Burden of proof; standards of review
Sec. 14. (a) The burden of demonstrating the invalidity of agency
action is on the party to the judicial review proceeding asserting
invalidity.
(b) The validity of agency action shall be determined in
accordance with the standards of review provided in this section, as
applied to the agency action at the time it was taken.
(c) The court shall make findings of fact on each material issue on
which the court's decision is based.
(d) The court shall grant relief under section 15 of this chapter
only if it determines that a person seeking judicial relief has been
prejudiced by an agency action that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;
(2) contrary to constitutional right, power, privilege, or
immunity;
(3) in excess of statutory jurisdiction, authority, or limitations,
or short of statutory right;
(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.22. IC 4-21.5-5-15 Disposition
Sec. 15. If the court finds that a person has been prejudiced under
section 14 of this chapter, the court may set aside an agency action
and:
(1) remand the case to the agency for further proceedings; or
(2) compel agency action that has been unreasonably delayed or
unlawfully withheld. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.23.
IC 4-21.5-5-16 Decisions on petitions; appeal
Sec. 16. Decisions on petitions for review of agency action are
appealable in accordance with the rules governing civil appeals from
the courts. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-1 Exclusive means for judicial review; exceptions
Sec. 1. Except as provided in IC 22-9 and IC 22-9.5, this chapter
establishes the exclusive means for judicial review of an agency
action. However, a subpoena, discovery order, or protective order
issued under this article may be contested only in an action for civil
enforcement under IC 4-21.5-6-2. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.17;
P.L.14-1994, SEC.1.
IC 4-21.5-5-2 Petition; persons entitled to judicial review
Sec. 2. (a) Judicial review is initiated by filing a petition for
review in the appropriate court.
(b) Only a person who qualifies under:
(1) section 3 of this chapter concerning standing;
(2) section 4 of this chapter concerning exhaustion of
administrative remedies;
(3) section 5 of this chapter concerning the time for filing a
petition for review;
(4) section 13 of this chapter concerning the time for filing the
agency record for review; and
(5) any other statute that sets conditions for the availability of
judicial review;
is entitled to review of a final agency action.
(c) A person is entitled to judicial review of a nonfinal agency
action only if the person establishes both of the following:
(1) Immediate and irreparable harm.
(2) No adequate remedy exists at law. (The failure of a person
to comply with the procedural requirements of this article may
not be the basis for a finding of an inadequate remedy at law.) As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-3 Standing
Sec. 3. (a) The following have standing to obtain judicial review
of an agency action:
(1) A person to whom the agency action is specifically directed.
(2) A person who was a party to the agency proceedings that led
to the agency action.
(3) A person eligible for standing under a law applicable to the
agency action.
(4) A person otherwise aggrieved or adversely affected by the
agency action.
(b) A person has standing under subsection (a)(4) only if:
(1) the agency action has prejudiced or is likely to prejudice the
interests of the person;
(2) the person:
(A) was eligible for an initial notice of an order or
proceeding under this article, was not notified of the order or
proceeding in substantial compliance with this article, and
did not have actual notice of the order or proceeding before
the last date in the proceeding that the person could object or
otherwise intervene to contest the agency action; or
(B) was qualified to intervene to contest an agency action
under IC 4-21.5-3-21(a), petitioned for intervention in the
proceeding, and was denied party status;
(3) the person's asserted interests are among those that the
agency was required to consider when it engaged in the agency
action challenged; and
(4) a judgment in favor of the person would substantially
eliminate or redress the prejudice to the person caused or likely
to be caused by the agency action. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.18;
P.L.178-2002, SEC.1; P.L.219-2007, SEC.5.
IC 4-21.5-5-4 Exhaustion of administrative remedies; waiver of right to review
Sec. 4. (a) A person may file a petition for judicial review under
this chapter only after exhausting all administrative remedies
available within the agency whose action is being challenged and
within any other agency authorized to exercise administrative review.
(b) A person who:
(1) fails to timely object to an order or timely petition for
review of an order within the period prescribed by this article;
or
(2) is in default under this article;
has waived the person's right to judicial review under this chapter. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-5 Time for filing
Sec. 5. Except as otherwise provided, a petition for review is
timely only if it is filed within thirty (30) days after the date that
notice of the agency action that is the subject of the petition for
judicial review was served. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-6 Venue
Sec. 6. (a) Venue is in the judicial district where:
(1) the petitioner resides or maintains a principal place of
business;
(2) the agency action is to be carried out or enforced; or
(3) the principal office of the agency taking the agency action
is located.
(b) If more than one (1) person may be aggrieved by the agency
action, only one (1) proceeding for review may be had, and the court
in which a petition for review is first properly filed has jurisdiction.
(c) The rules of procedure governing civil actions in the courts
govern pleadings and requests under this chapter for a change of
judge or change of venue to another judicial district described in
subsection (a).
(d) Each person who was a party to the proceeding before the
agency is a party to the petition for review. As added by P.L.18-1986, SEC.1. Amended by P.L.198-2001, SEC.3;
P.L.219-2007, SEC.6.
IC 4-21.5-5-7 Petition; filing; contents
Sec. 7. (a) A petition for review must be filed with the clerk of the
court.
(b) A petition for review must be verified and set forth the
following:
(1) The name and mailing address of the petitioner.
(2) The name and mailing address of the agency whose action
is at issue.
(3) Identification of the agency action at issue, together with a
copy, summary, or brief description of the agency action.
(4) Identification of persons who were parties in any
proceedings that led to the agency action.
(5) Specific facts to demonstrate that the petitioner is entitled to
obtain judicial review under section 2 of this chapter.
(6) Specific facts to demonstrate that the petitioner has been
prejudiced by one (1) or more of the grounds described in
section 14 of this chapter.
(7) A request for relief, specifying the type and extent of relief
requested. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.19.
IC 4-21.5-5-8 Service; rules of procedure
Sec. 8. (a) A petitioner for judicial review shall serve a copy of
the petition upon:
(1) the ultimate authority issuing the order;
(2) the ultimate authority for each other agency exercising
administrative review of the order;
(3) the attorney general; and
(4) each party to the proceeding before an agency;
in the manner provided by the rules of procedure governing civil
actions in the courts. If the ultimate authority consists of more than
one (1) individual, service on the ultimate authority must be made to
the secretary or chairperson of the ultimate authority.
(b) The petitioner shall use means provided by the rules of
procedure governing civil actions in the courts to give notice of the
petition for review to all other parties in any proceedings that led to
the agency action.
As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-9 Stay of order pending court decision
Sec. 9. (a) If a petition for judicial review concerns a matter other
than an assessment or determination of tax due or claimed to be due
the state, and the law concerning the agency whose order is being
reviewed does not preclude a stay of the order by the court, the
person seeking the review may seek, by filing a verified petition, an
order of the court staying the action of the agency pending decision
by the court. The court may enter an order staying the agency order
pending a final determination if:
(1) the court finds that the petition for review and the petition
for a stay order show a reasonable probability that the order or
determination appealed from is invalid or illegal; and
(2) a bond is filed that is conditioned upon the due prosecution
of the proceeding for review and that the petitioner will pay all
court costs and abide by the order of the agency if it is not set
aside. The bond must be in the amount and with the surety
approved by the court. However, the amount of the bond must
be at least five hundred dollars ($500).
(b) If a petition for review concerns a revocation or suspension of
a license and the law governing the agency permits a staying of the
action of the agency by court order pending judicial review, any stay
ordered under subsection (a) is effective during the period of the
review and any appeal from the review and until the review is finally
determined, unless otherwise ordered by the court granting the stay.
If the stay is granted as provided in this section and the determination
of the agency is approved on final determination, the revocation or
suspension of the license immediately becomes effective. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.20.
IC 4-21.5-5-10 Issues not raised before agency
Sec. 10. A person may obtain judicial review of an issue that was
not raised before the agency, only to the extent that:
(1) the issue concerns whether a person who was required to be
notified by this article of the commencement of a proceeding
was notified in substantial compliance with this article; or
(2) the interests of justice would be served by judicial
resolution of an issue arising from a change in controlling law
occurring after the agency action. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.21.
IC 4-21.5-5-11 Fact issues confined to record
Sec. 11. Judicial review of disputed issues of fact must be
confined to the agency record for the agency action supplemented by
additional evidence taken under section 12 of this chapter. The court
may not try the cause de novo or substitute its judgment for that of
the agency. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-12 Evidence; remand to agency for further factfinding
Sec. 12. (a) The court may receive evidence, in addition to that
contained in the agency record for judicial review, only if it relates
to the validity of the agency action at the time it was taken and is
needed to decide disputed issues regarding one (1) or both of the
following:
(1) Improper constitution as a decision-making body or grounds
for disqualification of those taking the agency action.
(2) Unlawfulness of procedure or of decision-making process.
This subsection applies only if the additional evidence could not, by
due diligence, have been discovered and raised in the administrative
proceeding giving rise to a proceeding for judicial review.
(b) The court may remand a matter to the agency before final
disposition of a petition for review with directions that the agency
conduct further factfinding or that the agency prepare an adequate
record, if:
(1) the agency failed to prepare or preserve an adequate record;
(2) the agency improperly excluded or omitted evidence from
the record; or
(3) a relevant law changed after the agency action and the court
determines that the new provision of law may control the
outcome. As added by P.L.18-1986, SEC.1.
IC 4-21.5-5-13 Transmittal of agency record; costs; corrections or additions
Sec. 13. (a) Within thirty (30) days after the filing of the petition,
or within further time allowed by the court or by other law, the
petitioner shall transmit to the court the original or a certified copy
of the agency record for judicial review of the agency action,
consisting of:
(1) any agency documents expressing the agency action;
(2) other documents identified by the agency as having been
considered by it before its action and used as a basis for its
action; and
(3) any other material described in this article as the agency
record for the type of agency action at issue, subject to this
section.
(b) An extension of time in which to file the record shall be
granted by the court for good cause shown. Inability to obtain the
record from the responsible agency within the time permitted by this
section is good cause. Failure to file the record within the time
permitted by this subsection, including any extension period ordered
by the court, is cause for dismissal of the petition for review by the
court, on its own motion, or on petition of any party of record to the
proceeding.
(c) Upon a written request by the petitioner, the agency taking the
action being reviewed shall prepare the agency record for the
petitioner. If part of the record has been preserved without a
transcript, the agency shall prepare a transcript for inclusion in the
record transmitted to the court, except for portions that the parties to
the judicial review proceeding stipulate to omit in accordance with
subsection (e).
(d) Notwithstanding IC 5-14-3-8, the agency shall charge the
petitioner with the reasonable cost of preparing any necessary copies
and transcripts for transmittal to the court, unless a person files with
the court, under oath and in writing, the statement described by
IC 33-37-3-2.
(e) By stipulation of all parties to the review proceedings, the
record may be shortened, summarized, or organized.
(f) The court may tax the cost of preparing transcripts and copies
for the record:
(1) against a party to the judicial review proceeding who
unreasonably refuses to stipulate to shorten, summarize, or
organize the record; or
(2) in accordance with the rules governing civil actions in the
courts or other law.
(g) Additions to the record concerning evidence received under
section 12 of this chapter must be made as ordered by the court. The
court may require or permit subsequent corrections or additions to
the record. As added by P.L.18-1986, SEC.1. Amended by P.L.11-1987, SEC.6;
P.L.3-1989, SEC.24; P.L.98-2004, SEC.47.
IC 4-21.5-5-14 Burden of proof; standards of review
Sec. 14. (a) The burden of demonstrating the invalidity of agency
action is on the party to the judicial review proceeding asserting
invalidity.
(b) The validity of agency action shall be determined in
accordance with the standards of review provided in this section, as
applied to the agency action at the time it was taken.
(c) The court shall make findings of fact on each material issue on
which the court's decision is based.
(d) The court shall grant relief under section 15 of this chapter
only if it determines that a person seeking judicial relief has been
prejudiced by an agency action that is:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with law;
(2) contrary to constitutional right, power, privilege, or
immunity;
(3) in excess of statutory jurisdiction, authority, or limitations,
or short of statutory right;
(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.22. IC 4-21.5-5-15 Disposition
Sec. 15. If the court finds that a person has been prejudiced under
section 14 of this chapter, the court may set aside an agency action
and:
(1) remand the case to the agency for further proceedings; or
(2) compel agency action that has been unreasonably delayed or
unlawfully withheld. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.23.
IC 4-21.5-5-16 Decisions on petitions; appeal
Sec. 16. Decisions on petitions for review of agency action are
appealable in accordance with the rules governing civil appeals from
the courts. As added by P.L.18-1986, SEC.1.
