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 […]
4-21.5-4-4. Hearings
Sec. 4. Upon a request by a party for a hearing on an order rendered under section 2(a)(1) of this chapter, the agency shall, as quickly as is practicable, set the matter for an evidentiary hearing. An administrative law judge shall determine whether the order under this chapter should be voided, terminated, modified, stayed, or […]
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. […]
4-21.5-4-5. Expiration of Order; Exception
Sec. 5. (a) Except as provided in subsection (c), an order issued under this chapter expires on the earliest of the following: (1) The date set in the order. (2) The date set by a statute other than this article. (3) The elapse of ninety (90) days. (b) During the pendency of any related proceedings […]
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. […]
4-21.5-4-6. Records
Sec. 6. The agency record in a proceeding under this chapter consists of any documents regarding the matter that were considered or prepared by the agency in a proceeding under section 2(a)(1) of this chapter and, if a hearing is conducted under section 2(a)(2) or 4 of this chapter, the items described in IC 4-21.5-3-33. […]