§ 4-21.5-5-3 — Standing

Indiana § 4-21.5-5-3

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

Text

(a) The following have standing to obtain
judicial review of an agency action:
(1) A person to whom the final agency action is specifically
directed.
(2) A person who was a party to the proceedings of the ultimate
authority that led to the final agency action, including the agency
whose order was under review in the proceeding.
(3) A person eligible for standing under a law applicable to the
final agency action.
(4) A person otherwise aggrieved or adversely affected by the
final agency action.
(b) A person has standing under subsection (a)(4) only if:
(1) the final agency action has prejudiced or is likely to prejudice
the interests of the person;
(2) the person:
(A) was eligible for an initial notice of an order or proceeding
under this article, was not notified of the order or proceeding in
substantial compliance with this article, and did not have actual
notice of the order or proceeding before the last date in the
proceeding that the person could object or otherwise intervene
to contest the agency action; or
(B) was qualified to intervene to contest an agency action under
IC 4-21.5-3-21(a), petitioned for intervention in the proceeding,
and was denied party status;
(3) the person's asserted interests are among those that the agency
was required to consider when it engaged in the agency action
challenged; and
(4) a judgment in favor of the person would substantially
eliminate or redress the prejudice to the person caused or likely
to be caused by the final agency action.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.18; P.L.178-2002, SEC.1; P.L.219-2007, SEC.5; P.L.72-2014, SEC.6.