Reedus v. Indiana Department of Workforce Development

900 N.E.2d 481, 2009 Ind. App. LEXIS 129, 2009 WL 214797
CourtIndiana Court of Appeals
DecidedJanuary 30, 2009
Docket49A02-0808-CV-760
StatusPublished
Cited by12 cases

This text of 900 N.E.2d 481 (Reedus v. Indiana Department of Workforce Development) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reedus v. Indiana Department of Workforce Development, 900 N.E.2d 481, 2009 Ind. App. LEXIS 129, 2009 WL 214797 (Ind. Ct. App. 2009).

Opinions

OPINION

BAILEY, Judge.

Case Summary

William B. Reedus ("Reedus") appeals the trial court's dismissal of his appeal from an order of the Indiana State Employees' Appeals Commission ("SEAC"). We affirm.

Issue

The dispositive issue is whether the trial court erred in dismissing the appeal.1

Facts and Procedural History

After an investigation, the Indiana Department of Workforce Development ("DWD") terminated its employment of Reedus. He contested his termination through a series of procedures for state merit employees. The SEAC's chief administrative law judge ("ALJ") held an evidentiary hearing, issued findings of fact and conclusions of law, and determined that the DWD had proved "an offense severe enough to justify the termination." Appendix at 9. On February 20, 2008, the ALJ issued its "Notice of Final Order," in which it advised that a "person who wishes [483]*483to seek judicial review must file a petition for review in an appropriate court within 30 days of this notice and must otherwise comply with IC 4-21.5-5." Id. at 5.

On March 20, 2008, Reedus filed a "Verified Petition for Judicial Review of Agency Action" ("Petition") with the trial court. Id. at 11. Attached were uncertified copies of four documents-DWD's dismissal letter, the ALJ's non-final order with findings and conclusions, the ALJ's final order, and the DWD's witness and exhibit list for the SEAC hearing. The Petition did not include the transcript or exhibits from the hearing. Neither party filed anything else for fifty-five days.

On May 15, 2008, the DWD moved to dismiss the appeal, arguing that Reedus had not filed timely the certified agency record. The trial court entered an Order of Dismissal.

Reedus now appeals the dismissal.

Discussion and Decision

Our Supreme Court described the standard of review as follows:

The standard of appellate review of rulings on motions to dismiss on jurisdictional grounds depends on whether the trial court resolved disputed facts, and if so, whether the trial court conducted an evidentiary hearing or ruled on a paper record. We review de novo a ruling on a motion to dismiss for lack of jurisdiction if the facts are not disputed or, as here, the court rules on a paper record.

Wayne County Prop. Tax Assessment Bd. of Appeals v. United Ancient Order of Druids-Grove #29, 847 N.E.2d 924, 926 (Ind.2006) (internal citations omitted). Here, the parties do not dispute what doe-uments were attached as exhibits to the Petition, or the filing dates of the final order, the Petition, or the motion to dismiss. Accordingly, we review this matter de novo.

To be entitled to review of a final ageney action under the Administrative Orders and Procedures Act ("AOPA"), a person must comply with Indiana Code Section 4-21.5-5-13, among others.2 Ind.Code § 4-21.5-56-2(b)(4).

(a) Within thirty (30) days after the filing of the petition, or within further time allowed by the court or by other law, the petitioner shall transmit to the court the original or a certified copy of the agency record for judicial review of the agency action, consisting of:
(1) any agency documents expressing the agency action;
(2) other documents identified by the agency as having been considered by it before its action and used as a basis for its action; and
(8) any other material described in this article as the agency record for the type of agency action at issue, subject to this section.
(b) An extension of time in which to file the record shall be granted by the court for good cause shown. Inability to obtain the record from the responsible agency within the time permitted by this section is good cause. Failure to file the record within the time permitted by this subsection, including any extension period ordered by the court, is cause for dismissal of the petition for review by the court, on its own motion, or on petition of any party of record to the proceeding.
(e) Upon a written request by the petitioner, the agency taking the action being reviewed shall prepare the agency record for the petitioner. If [484]*484part of the record has been preserved without a transcript, the agency shall prepare a transcript for inclusion in the record transmitted to the court, except for portions that the parties to the judicial review proceeding stipulate to omit in accordance with subsection (e)
(e) By stipulation of all parties to the review proceedings, the record may be shortened, summarized, or organized.
(f) The court may tax the cost of preparing transcripts and copies for the record:
(1) against a party to the judicial reviewing proceeding who unreasonably refuses to stipulate to shorten, summarize, or organize the record....

Ind.Code § 4-21.5-5-13 ("AOPA 5-18") (emphases added). A related statute limits the agency record to certain defined items.

(3) An agency shall maintain an official record of each proceeding under this chapter.
(b) The agency record of the proceeding consists only of the following:
(1) Notices of all proceedings.
(2) Any prehearing order
(3) Any motions, pleadings, briefs, petitions, requests, and intermediate rulings.
(4) Evidence received or considered.
(5) A statement of matters officially noticed.
(6) Proffers of proof and objections and rulings on them.
(7) Proposed findings, requested orders, and exceptions.
(8) The record prepared for the administrative law judge or for the ultimate authority or its designee under sections 28 through 31 of this chapter, at a hearing, and any tran-seript of the record considered before final disposition of the proceeding.
(9) Any final order, nonfinal order, or order on rehearing.
(10) Staff memoranda or data submitted to the administrative law judge or a person presiding in a proceeding under sections 28 through 31 of this chapter.
(11) Matters placed on the record after an ex parte communication.
(c) Except to the extent that a statute provides otherwise, the agency record described by subsection (b) constitutes the exclusive basis for agency action in proceedings under this chapter and for judicial review of a proceeding under this chapter.

Ind.Code § 4-21.5-3-83 ("AOPA 3-83") (emphases added).

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900 N.E.2d 481, 2009 Ind. App. LEXIS 129, 2009 WL 214797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reedus-v-indiana-department-of-workforce-development-indctapp-2009.