§ 33-26-6-5 — Additional evidence; remand

Indiana § 33-26-6-5

• Jurisdiction: Indiana
• Art. 26: TAX COURT
• Ch. 6: Appellate Review; Rules and Procedures

Text

(a) This section applies with respect to judicial
review of final determinations of the Indiana board of tax review.
(b) The tax court may receive evidence in addition to that contained
in the record of the determination of the Indiana board of tax review
only if the evidence relates to the validity of the determination at the
time it was taken and is needed to decide disputed issues regarding one
(1) or both of the following:
(1) Improper constitution as a decision making body or grounds
for disqualification of those taking the agency action.
(2) Unlawfulness of procedure or decision making process.
This subsection applies only if the additional evidence could not, by
due diligence, have been discovered and raised in the administrative
proceeding giving rise to a proceeding for judicial review.
(c) The tax court may remand a matter to the Indiana board of tax
review before final disposition of a petition for review with directions
that the Indiana board of tax review conduct further factfinding or that
the Indiana board of tax review prepare an adequate record, if:
(1) the Indiana board of tax review failed to prepare or preserve
an adequate record;
(2) the Indiana board of tax review improperly excluded or
omitted evidence from the record; or
(3) a relevant law changed after the action of the Indiana board of
tax review and the tax court determines that the new provision of
law may control the outcome.
(d) This subsection applies if the record for a judicial review
prepared under IC 6-1.1-15-6 contains an inadequate record of a site
inspection. Rather than remand a matter under subsection (c), the tax
court may take additional evidence not contained in the record relating
only to observations and other evidence collected during a site
inspection conducted by a hearing officer or other employee of the
Indiana board of tax review. The evidence may include the testimony
of a hearing officer only for purposes of verifying or rebutting evidence
regarding the site inspection that is already contained in the record.
[Pre-2004 Recodification Citation: 33-3-5-14.5.]

Legislative History

As added by P.L.98-2004, SEC.5. Amended by P.L.219-2007, SEC.103.