ILNews

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
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
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

  4. This is why it is important to consider Long term care insurance. For you and for your loved ones

  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

ADVERTISEMENT