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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. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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