US Lawyer Database

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 […]

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 final agency action is specifically directed. (2) A person who was a party to the proceedings of the ultimate authority that led to the final agency action, including the agency whose order was under […]

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 […]

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.

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 […]

4-21.5-3.5-25. Limitation of Discovery

Sec. 25. Whenever possible, parties to a proceeding are encouraged to limit discovery to the development of information necessary to facilitate the mediation process. By agreement of the parties, or as ordered by the administrative law judge, discovery may be deferred during mediation. As added by P.L.16-1996, SEC.1.

4-21.5-3.5-26. Mediation Regarded as Settlement Negotiation

Sec. 26. (a) Mediation shall be regarded as a settlement negotiation. Evidence of furnishing or offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim that was disputed as to either validity or amount is not admissible in a proceeding to prove liability for or invalidity of the claim […]

4-21.5-3.5-11. Replacement of Mediator

Sec. 11. At any time, a party to a proceeding may request that the administrative law judge replace the mediator of the proceeding for good cause. As added by P.L.16-1996, SEC.1.

4-21.5-3.5-27. Confidential and Privileged Nature of Mediation

Sec. 27. (a) A mediator is not subject to process requiring disclosure of any matter discussed during the mediation. Matters discussed during mediation are confidential and privileged. (b) The confidentiality requirement of subsection (a) may not be waived by the parties. (c) An objection to the obtaining of testimony or physical evidence from mediation may […]