§ 23-2.5-11-12 — Appeal; procedure

Indiana § 23-2.5-11-12

• Jurisdiction: Indiana
• Title 23: BUSINESS AND OTHER ASSOCIATIONS
• Art. 2.5: LOAN BROKERS
• Ch. 11: Violations and Civil Enforcement

Text

(a) An appeal may be taken, to the Marion
circuit court or the circuit or superior court of the county where the
person taking the appeal resides or maintains a place of business, by
the following:
(1) A person whose application for issuance or renewal of a
license under this article is granted or denied, from any final order
of the commissioner concerning the application.
(2) An applicant for issuance or renewal of a license as a
mortgage loan originator, from any final order of the
commissioner affecting the application.
(3) An applicant for issuance or renewal of a license for a loan
broker office from any final order of the commissioner affecting
the application.
(4) A person against whom a civil penalty is imposed under
section 3(c) of this chapter, from the final order of the
commissioner imposing the civil penalty.
(5) A person who is named as a respondent, from any final order
of the commissioner under this article.
(b) Not later than twenty (20) days after the entry of the order under
subsection (a), the commissioner must be served with:
(1) a written notice of the appeal specifying the court to which the
appeal will be taken and the grounds on which a reversal of the
final order is sought;
(2) a demand in writing from the appellant for a certified
transcript of the record and all papers on file in the
commissioner's office that affect or relate to the order; and
(3) a bond in the penal sum of five hundred dollars ($500) to the
state with sufficient surety to be approved by the commissioner,
conditioned on the faithful prosecution of the appeal to final
judgment and the payment of all costs that are adjudged against
the appellant.
(c) Not later than ten (10) days after the date on which the
commissioner is served with the items listed in subsection (b), the
commissioner shall make, certify, and deliver to the appellant the
transcript, and the appellant shall, not later than five (5) days after the
date on which the appellant receives the transcript, file the transcript
and a copy of the notice of appeal with the clerk of the court. The
notice of appeal serves as the appellant's complaint. The commissioner
may appear and file a motion or pleading and form the issue. The cause
must be entered on the trial calendar for trial de novo and given
precedence over all matters pending in the court.
(d) The court shall receive and consider any pertinent oral or written
evidence concerning the order of the commissioner from which an
appeal under this section is taken. If the order of the commissioner is
reversed, the court shall in the court's mandate specifically direct the
commissioner concerning the commissioner's further action in the
matter. The commissioner is not barred from revoking or altering the
order for proper cause that accrues or is discovered after the order is
entered. If the order is affirmed, the appellant is not barred after thirty
(30) days after the date on which the order is affirmed from filing a
new application if the application is not otherwise barred or limited.
During the pendency of the appeal, the order from which the appeal is
taken is not suspended but remains in effect unless otherwise ordered
by the court. An appeal may be taken from the judgment of the court on
the same terms and conditions as an appeal is taken in civil actions.

Legislative History

As added by P.L.175-2019, SEC.2. Amended by P.L.89-2024, SEC.31.