§ 25-11-1-16 — Appeals

(a) An appeal may be taken from a final
order of the secretary of state under this chapter as follows:
(1) By an applicant for a license under this chapter, from a final
order of the secretary of state concerning the application.
(2) By a licensee, from a final order of the secretary of state
affecting the licensee's license under this chapter.
(3) By any person against whom a civil penalty is imposed under
section 15 of this chapter, from the final order of the secretary of
state imposing the civil penalty.
(4) By any person who is named as a respondent in an
investigation or a proceeding under section 9 of this chapter, from
a final order of the secretary of state under section 9 of this
chapter. An appeal under this subdivision may be taken in:
(A) the circuit or superior court of Marion County; or
(B) the circuit or superior court of the county in which the
appellant resides or maintains a place of business.
(b) A person who seeks to appeal an order of the secretary of state
under this section must serve the secretary of state with the following
not later than twenty (20) days after the entry of the order:
(1) A written notice of the appeal stating:
(A) the court in which the appeal will be taken; and
(B) the grounds on which a reversal of the secretary of state's
final order is sought.
(2) A written demand from the appellant for:
(A) a certified transcript of the record; and
(B) all papers on file in the secretary of state's office;
concerning the order from which the appeal is being taken.
(3) A bond in the penal sum of five hundred dollars ($500)
payable to the state with sufficient surety to be approved by the
secretary of state, conditioned upon:
(A) the faithful prosecution of the appeal to final judgment; and
(B) the payment of all costs that are adjudged against the
appellant.
(c) Not later than ten (10) days after the secretary of state is served
with the items described in subsection (b), the secretary of state shall
make, certify, and deliver to the appellant the transcript described in
subsection (b)(2)(A). Not later than five (5) days after the appellant
receives the transcript under this subsection, the appellant shall 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 secretary
of state may appear before the court, file any motion or pleading in the
matter, and form the issue. The cause shall be entered on the court's
calendar to be heard de novo and shall be 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 secretary of state from which the
appeal is taken. If the order of the secretary of state is reversed, the
court shall in its mandate specifically direct the secretary of state as to
the secretary of state's further action in the matter. The secretary of
state is not barred from revoking or altering the order for any proper
cause that accrues or is discovered after the order is entered. If the
order is affirmed, the appellant may, after thirty (30) days from the date
the order is affirmed, file a new application for a license under this
chapter 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.
(e) IC 4-21.5 does not apply to a proceeding under this chapter.

Legislative History

As added by P.L.230-2007, SEC.24.