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 […]
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 […]
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 […]
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 […]
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) […]
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.
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 […]
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 […]
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. […]
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. […]