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Court rules on agency record appeals

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In two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.

In William B. Reedus v. Indiana Dept. of Workforce Development, No. 49A02-0808-CV-760, the issue is whether William Reedus' appeal of an order of the Indiana State Employees' Appeals Commission should have contained certain documents. He only attached uncertified copies of the Department of Workforce Development's dismissal letter, the administrative law judge's non-final order with findings and conclusions, the judge's final order, and the DWD's witness and exhibit list for the SEAC hearing. His petition for judicial review of agency action lacked the transcripts or exhibits from the hearing. The trial court dismissed his appeal.

In Indiana Family and Social Services Administration v. Alice V. Meyer, et al., No. 69A01-0807-CV-358, the issue is whether Alice Meyer's trust failed to timely file the agency record after Meyer's Medicaid benefits were denied. The trial court denied the Family and Social Service Agency's motion to dismiss for lack of jurisdiction for failing to timely file the agency record. The trial court also corrected the administrative law judge's mathematical error in calculating the value of the reminder of interest of a farm.

In both appeals, the appellate court examined Indiana Code Section 4-21.5-5-13, which stipulates the means for judicial review of a final agency action and ruled that the phrase "cause for dismissal" means the General Assembly intended to empower, but not require a trial court to dismiss an appeal that doesn't follow statute requirements.

In the Meyer case, there was substantial procedural compliance by the trust and an obvious substantive error in the administrative law decision when it incorrectly determined the value of the remainder interest of a farm, wrote Judge Patricia Riley for the majority. In this case, the appellate court concluded I.C. Section 4-21.5-5-13 doesn't speak to subject matter jurisdiction, doesn't mandate automatic dismissal for procedural error, and must be read to confer the trial court discretion in some circumstances, wrote Judge Riley. The Court of Appeals affirmed the trial court's decision. Judge Paul Mathias dissented, writing the timely and complete filing of the agency record is a condition precedent to the acquisition of jurisdiction to consider a petition for judicial review.

In Reedus, the appellate court ruled the trial court didn't abuse its discretion for dismissing Reedus' appeal. Under Administrative Orders and Procedures Act Section 5-13, a petitioner must timely file the documents on which the agency relied in issuing the orders. Reedus argued the transcripts and exhibits he didn't submit weren't necessary for review of the decision, but it's clear from the administrative law judge's order that he relied on the testimony to make his findings. Therefore, Reedus had to file the evidence as required by the AOPA and his petition was inadequate, wrote Judge Riley. In this case, Judge Mathias concurred in result, giving similar reasoning as he did in his dissent in Meyer.

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  1. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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