§ 7.1-3-19-11 — Review of recommendations; findings of fact

(a) The commission shall follow the
recommendation of a majority of the members of a local board to grant
or deny an application for a retailer's or dealer's permit of any type,
unless, after the commission's review of that recommendation, the
commission determines that to follow the recommendation would be:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with the law;
(2) contrary to a constitutional right, power, privilege, or
immunity;
(3) in excess of, or contrary to, statutory jurisdiction, authority,
limitations or rights;
(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence.
Such review shall be de novo.
(b) If the commission determines not to follow the recommendation
of a local board, after the commission's review of that recommendation
according to the standards set forth in subsection (a), the commission
shall make written findings of fact on each material issue on which the
commission's determination is based.
[Pre-1973 Recodification Citation: 7-1-1-5(2).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.64-1990, SEC.3.