§ 8-1-3-2 — Petition for rehearing; time for ruling; actions for mandate; termination of right of appeal

Indiana § 8-1-3-2

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 3: Judicial Review of Utility Regulatory Commission

Text

(a) If a petition for rehearing is filed with the
commission by a party to the proceeding before the commission, within
the time allowed by the rules of the commission, the commission must
rule on the petition within a reasonable period of time after the filing
of the final pleading filed in support of or opposition to the petition. If
the commission fails to rule on the petition within a reasonable period
of time, the petitioner may bring an action for mandate under IC 34-27
to compel the commission to make the ruling. However,
notwithstanding IC 34-27 or any other law or rule, the action for
mandate may only be filed in the court of appeals. For the purposes of
IC 1-1-1-8, if any part of this subsection is held invalid, the entire
subsection is void.
(b) If a petition for rehearing is filed with the commission by any
party to the proceeding before the commission, within the time allowed
by the rules of the commission, and prior to the filing of the
commission record with the clerk of the supreme court, the right to
appeal under this chapter terminates thirty (30) days after the
determination by the commission on such petition for rehearing. The
appeal shall not be submitted prior to that determination of the petition
for rehearing, and the decision of the commission on the petition shall
not be assigned as error unless the final decision, ruling, or order of the
commission is modified or amended as a result of the petition without
further hearing ordered.
Formerly: Acts 1957, c.189, s.2. As amended by P.L.3-1989,
SEC.51; P.L.106-1989, SEC.2; P.L.1-1998, SEC.87.