Court rules on agency record appeals

Back to TopCommentsE-mailPrintBookmark and Share

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.


Post a comment to this story

We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
You are legally responsible for what you post and your anonymity is not guaranteed.
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
Subscribe to Indiana Lawyer
  1. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  2. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  3. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  4. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  5. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.