§ 16-41-26-10 — Judicial review

Indiana § 16-41-26-10

• Jurisdiction: Indiana
• Title 16: HEALTH
• Art. 41: PUBLIC HEALTH MEASURES FOR THE
• Ch. 26: Health, Sanitation, and Safety: Agricultural Labor

Text

(a) A person aggrieved by an order of the
state department denying or revoking a permit to operate an
agricultural labor camp may, in accordance with IC 4-21.5-5, petition
the circuit or superior court for a review of the order asking that the
order be modified or set aside.
(b) A person aggrieved by a rule adopted under section 8 of this
chapter by the state department may, not more than thirty (30) days
after the rule becomes effective, petition the circuit or superior court to
modify or set aside the rule in whole or in part, but only on the ground
that the rule is unlawful or unreasonable.
(c) A copy of a petition filed under subsection (a) or (b) shall be
served on the state health commissioner. The state department shall
keep and, on notice of filing of the petition, shall certify and file in the
court a full record in the proceeding on which the action complained
of is based.
(d) The review authorized in subsection (a) or (b) is limited to
questions of law. Findings of fact by the state department, if supported
by substantial evidence, are conclusive.
(e) The jurisdiction of the court is exclusive and the court's
judgment is final, except that the judgment is subject to review by the
supreme court.
[Pre-1993 Recodification Citation: 13-1-9-8.]

Legislative History

As added by P.L.2-1993, SEC.24.