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

Indiana Statutes

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

Indiana § 7.1-3-19-11

Art. 3PERMITS

Ch. 19Procedures for Issuance and Renewal of Retailers' and

This text of Indiana § 7.1-3-19-11 (Review of recommendations; findings of fact) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 7.1-3-19-11 (2026).

Text

(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

Free access — add to your briefcase to read the full text and ask questions with AI

(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.