§ 4-21.5-3-31 — Modification of final order

Indiana § 4-21.5-3-31

• Jurisdiction: Indiana
• Art. 21.5: ADMINISTRATIVE ORDERS AND
• Ch. 3: Adjudicative Proceedings

Text

(a) An ultimate authority has jurisdiction to
modify a final order under this section before the earlier of the
following:
(1) Thirty (30) days after the agency has served the final order
under section 27, 29, or 30 of this chapter.
(2) Another agency assumes jurisdiction over the final order
under section 30 of this chapter.
(3) A court assumes jurisdiction over the final order under IC 4-21.5-5.
(b) A party may petition the ultimate authority for an agency for a
stay of effectiveness of a final order. The ultimate authority or its
designee may, before or after the order becomes effective, stay the final
order in whole or in part.
(c) A party may petition the ultimate authority for an agency for a
rehearing of a final order. The ultimate authority or its designee may
grant a petition for rehearing only if the petitioning party demonstrates
that:
(1) the party is not in default under this chapter;
(2) newly discovered material evidence exists; and
(3) the evidence could not, by due diligence, have been
discovered and produced at the hearing in the proceeding.
The rehearing may be limited to the issues directly affected by the
newly discovered evidence. If the rehearing is conducted by a person
other than the ultimate authority, section 29 of this chapter applies to
review of the order resulting from the rehearing.
(d) Errors in a final order or other part of the record of a proceeding
may be corrected by an ultimate authority or its designee on the motion
of any party or on the motion of the ultimate authority or its designee.
(e) An action of a petitioning party or an agency under this section,
including a motion to correct error, tolls the period in which a party
may object to a second agency under section 30 of this chapter and tolls
the period in which a party may petition for judicial review under IC 4-21.5-5. A new period begins to run on the date a motion to correct
error is denied or a new order is issued. A motion to correct error or
motion for a rehearing is deemed denied thirty (30) days after it was
filed if there is no ruling on the motion or no hearing is set on the
motion.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.14; P.L.128-2024, SEC.11.