§ 4-21.5-5-12 — Evidence; remand to agency for further factfinding

Indiana § 4-21.5-5-12

• Jurisdiction: Indiana
• Art. 21.5: ADMINISTRATIVE ORDERS AND
• Ch. 5: Judicial Review

Text

(a) The court may receive evidence, in
addition to that contained in the agency record for judicial review, only
if it relates to the validity of the agency action 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 of 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.
(b) The court may remand a matter to the agency before final
disposition of a petition for review with directions that the agency
conduct further factfinding or that the agency prepare an adequate
record, if:
(1) the agency failed to prepare or preserve an adequate record;
(2) the agency improperly excluded or omitted evidence from the
record; or
(3) a relevant law changed after the agency action and the court
determines that the new provision of law may control the
outcome.

Legislative History

As added by P.L.18-1986, SEC.1.