§ 23-2-6-41 — Review; final orders of commissioner

Indiana § 23-2-6-41

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 2: SECURITIES AND FRANCHISES
• Ch. 6: Indiana Commodity Code

Text

(a) Any person aggrieved by a final order of
the commissioner may obtain a review of the order in a circuit or
superior court of Marion County by filing in court, not later than sixty
(60) days after the entry of the order, a written petition requesting the
order to be modified or set aside in whole or in part. A copy of a
petition for review shall be served on the commissioner.
(b) Except where the taking of additional evidence is ordered by a
court under subsections (e) and (f), after the filing of a petition for
review:
(1) the court shall have exclusive jurisdiction of the matter; and
(2) the commissioner may not modify or set aside the order, in
whole or in part.
(c) Unless specifically ordered by the court:
(1) the filing of a petition for review under subsection (a) does not
operate as a stay of the commissioner's order; and
(2) the commissioner may enforce or ask the court to enforce an
order pending the outcome of the review proceedings.
(d) Upon receipt of a petition for review, the commissioner shall
certify and file in the court a copy of the order and the transcript or
record of the evidence upon which the order was based. If the order
became final by operation of law under section 40(a) of this chapter,
the commissioner shall certify and file in court:
(1) a certified copy of the summary order;
(2) evidence of service of the summary order on the parties to the
order; and
(3) an affidavit certifying that:
(A) a hearing on the summary order has not been held; and
(B) the summary order became final under section 40(a) of this
chapter.
(e) The court may order additional evidence to be taken by the
commissioner under conditions the court considers proper if an
aggrieved party or the commissioner:
(1) applies to the court for leave to enter additional evidence; and
(2) shows to the satisfaction of the court that:
(A) there were reasonable grounds for failure to enter the
evidence in the hearing before the commissioner; or
(B) good cause exists to allow the additional evidence to be
taken.
(f) If the court orders new evidence to be taken, the commissioner:
(1) may modify the findings and order by reason of the additional
evidence; and
(2) shall file in the court the additional evidence and any modified
or new findings or order.
(g) The court shall review the petition based on the original record
before the commissioner and any additions or modifications under
subsections (e) and (f). The commissioner's findings of facts are
conclusive if those findings are supported by competent, material, and
substantive evidence. Based on review under this subsection, the court
may affirm, modify, enforce, or set aside the order, in whole or in part.

Legislative History

As added by P.L.177-1991, SEC.10.