CHAPTER 19. DETERMINATIONS
IC 5-22-19
Chapter 19. Determinations
IC 5-22-19-1
Determinations final and conclusive; judicial review
Sec. 1. The determinations required by this article are final and
conclusive, and subject to judicial review under section 2 of this
chapter.
As added by P.L.49-1997, SEC.1.
IC 5-22-19-2
Petition for judicial review; filing; relief
Sec. 2. (a) A person aggrieved by a determination under this
article may file a petition for judicial review of that determination in
a court of appropriate jurisdiction.
(b) The court shall grant relief only if it determines that a person
seeking judicial relief has been substantially prejudiced by a
determination that is any of the following:
(1) Arbitrary, capricious, an abuse of discretion, or otherwise
not in accordance with law.
(2) Contrary to constitutional right, power, privilege, or
immunity.
(3) In excess of statutory jurisdiction, authority, or limitations,
or short of statutory right.
(4) Without observance of procedure required by law.
(5) Unsupported by substantial evidence.
As added by P.L.49-1997, SEC.1.
IC 5-22-19-3
Burden of demonstrating invalidity
Sec. 3. The burden of demonstrating the invalidity of the
determination is on the person asserting the invalidity.
As added by P.L.49-1997, SEC.1.
IC 5-22-19-4
Setting aside determination; remanding case
Sec. 4. (a) If the court finds that a person has been substantially
prejudiced by a determination, the court may set aside the
determination. The court may remand the case to the governmental
body for further proceedings and compel an action by the
governmental body that has been unreasonably delayed or unlawfully
withheld.
(b) A court may not award damages in an action under this
chapter.
As added by P.L.49-1997, SEC.1.
IC 5-22-19-5
Standing
Sec. 5. An Indiana taxpayer has standing to:
(1) challenge a determination made under IC 5-22-15-25(d); and
(2) enforce a contract provision required by IC 5-22-17-14 if the
contract is related to steel products (as defined in
IC 5-22-15-25(a)) or supplies manufactured by steel products.
As added by P.L.194-2001, SEC.4.