§ 4-21.5-5-13 — Transmittal of agency record; costs; corrections or additions

Indiana § 4-21.5-5-13

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

Text

(a) Not later than thirty (30) days after
receipt of the petition for judicial review served under section 8 of this
chapter or within further time allowed by the court or by other law, the
office or ultimate authority shall transmit to the court the original or a
certified copy of the agency record for judicial review of the agency
action.
(b) The record consists of:
(1) any agency documents expressing the agency action;
(2) other documents identified by the agency as having been
considered by it before its action and used as a basis for its action;
and
(3) any other material described in this article as the agency
record for the type of agency action at issue, subject to this
section.
(c) An extension of time in which to file the record shall be granted
by the court for good cause shown. Inability of the office or ultimate
authority to compile the record within the time permitted by this
section is good cause.
(d) If part of the record has been preserved without a transcript, the
agency shall prepare a transcript for inclusion in the record transmitted
to the court, except for portions that the parties to the judicial review
proceeding stipulate to omit in accordance with subsection (f).
(e) Notwithstanding IC 5-14-3-8, the agency shall charge the
petitioner with the reasonable cost of preparing any necessary copies
and transcripts for transmittal to the court, unless a person files with the
court, under oath and in writing, the statement described by IC 33-37-3-2.
(f) By stipulation of all parties to the review proceedings, the record
may be shortened, summarized, or organized.
(g) The court may tax the cost of preparing transcripts and copies
for the record:
(1) against a party to the judicial review proceeding who
unreasonably refuses to stipulate to shorten, summarize, or
organize the record; or
(2) in accordance with the rules governing civil actions in the
courts or other law.
(h) Additions to the record concerning evidence received under
section 12 of this chapter must be made as ordered by the court. The
court may require or permit subsequent corrections or additions to the
record.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.11-1987, SEC.6; P.L.3-1989, SEC.24; P.L.98-2004, SEC.47; P.L.128-2024, SEC.13.