§ 9-33-2-3 — Judicial review; petition; contents; stay of underlying action

Indiana § 9-33-2-3

• Jurisdiction: Indiana
• Title 9: MOTOR VEHICLES
• Art. 33: ADMINISTRATIVE PROCEDURES
• Ch. 2: Material Error Review

Text

(a) A person aggrieved by an action under this
article may file a petition in the circuit or superior court of the county
in which the person resides. A nonresident may file a petition for
review in the Marion County circuit court.
(b) The person must file the petition not more than fifteen (15) days
after the earlier of:
(1) the date on which the person receives written notice under
section 1 of this chapter; or
(2) the expiration of the thirty (30) day period under section 1(b)
of this chapter.
(c) A petition filed under subsection (a) must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, place of residence, and
driver's license identification number;
(3) state the action under section 1 of this chapter from which the
person seeks relief;
(4) include a copy of any written order or determination made by
the bureau with respect to the action;
(5) state the grounds for relief, including all facts showing that the
bureau's action is wrongful or unlawful; and
(6) state the relief sought.
(d) The filing of a petition under this section does not automatically
stay the underlying action. The court in which the petition is filed may
stay the underlying action pending final judicial review if the court
determines that the petition states facts that show a reasonable
probability that the action is wrongful or unlawful.
(e) This subsection applies to a petition that alleges a material error
with respect to an action taken by the bureau under IC 9-30-10. Not
more than six (6) months after the petition is filed, the court shall hear
the petition, take testimony, and examine the facts of the case. In
disposing of the petition, the court may modify, affirm, or reverse the
action of the bureau in whole or in part and shall issue an appropriate
order. If the court fails to hear the petition in a timely manner, the
original action of the bureau is reinstated in full force and effect.

Legislative History

As added by P.L.149-2015, SEC.110. Amended by P.L.198-2016, SEC.631.