CHAPTER 3. JUDICIAL REVIEW OF UTILITY REGULATORY COMMISSION DECISIONS
IC 8-1-3
Chapter 3. Judicial Review of Utility Regulatory Commission
Decisions
IC 8-1-3-1
Appeals; time limitations; assignments of error
Sec. 1. Any person, firm, association, corporation, limited liability
company, city, town, or public utility adversely affected by any final
decision, ruling, or order of the commission may, within thirty (30)
days from the date of entry of such decision, ruling, or order, appeal
to the court of appeals of Indiana for errors of law under the same
terms and conditions as govern appeals in ordinary civil actions,
except as otherwise provided in this chapter and with the right in the
losing party or parties in the court of appeals to apply to the supreme
court for a petition to transfer the cause to said supreme court as in
other cases. An assignment of errors that the decision, ruling, or
order of the commission is contrary to law shall be sufficient to
present both the sufficiency of the facts found to sustain the decision,
ruling, or order, and the sufficiency of the evidence to sustain the
finding of facts upon which it was rendered.
(Formerly: Acts 1957, c.189, s.1.) As amended by P.L.23-1988,
SEC.34; P.L.8-1993, SEC.118.
IC 8-1-3-2
Petition for rehearing; time for ruling; actions for mandate;
termination of right of appeal
Sec. 2. (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.
IC 8-1-3-3
Petition to be made party applicant; intervenor or protestant
Sec. 3. Any person firm, association, corporation, limited liability
company, city, town or public utility may file with the clerk of the
court a verified petition to be made a party appellant or appellee,
which petition shall allege facts showing that the petitioner has a
substantial interest in the determination of the action, and such
petitioner shall be made a party appellant or appellee as its interest
appears. Any party applicant, intervenor or protestant in the
proceedings had before the commission in the matter from which the
appeal is taken shall be and have the rights of a party on appeal, upon
the filing of a written appearance therein. But no party by his
appearance or petition to be made a party shall acquire the right to
file a brief, the time for filing of which has expired prior to his
appearance.
(Formerly: Acts 1957, c.189, s.3.) As amended by P.L.8-1993,
SEC.119.
IC 8-1-3-4
Assignment of errors and transcript of record; filing
Sec. 4. (a) Within twenty (20) days after the entry or rendition of
any final decision, ruling, or order of the commission, or within
twenty (20) days after the entry or rendition of any determination of
the commission upon a petition for rehearing duly filed pursuant to
the rules of the commission, any person, firm, association,
corporation, limited liability company, city, town, or public utility
desiring to appeal the cause to the court of appeals shall file with the
commission a written request for the record, and the commission
shall order that a certified transcript be prepared, containing all
pleadings and papers filed, notices given and entered of record,
proceedings had, testimony taken, and orders entered.
(b) No extension of time shall be granted by the court of appeals
for the filing of an assignment of errors and the transcript of the
record, unless a showing be made that the written request for the
record was duly filed within the time granted under this section.
(Formerly: Acts 1957, c.189, s.4.) As amended by P.L.3-1989,
SEC.52; P.L.8-1993, SEC.120.
IC 8-1-3-5
Service of papers
Sec. 5. A copy of any assignment of errors or of cross-errors filed
in the court of appeals shall be served by mail, on or before the date
of such filing, upon all parties or their attorneys of record as shown
by the commission record filed. Copies of briefs shall be served, by
mail, upon only the attorney general and those parties or their
attorneys of record who have filed an appearance or assignment of
errors with the clerk of the supreme court.
(Formerly: Acts 1957, c.189, s.5.) As amended by P.L.3-1989,
SEC.53.
IC 8-1-3-6
Presumption; rates; collection pending appeal
Sec. 6. All rules, practices, installations, and services prescribed,
approved, or required by the commission shall be in force and shall
be prima facie reasonable unless finally found otherwise by the court
of appeals or by the supreme court if the cause is transferred to and
decided by that court. However, pending the appeal as in this chapter
provided, any municipally owned utility, public utility, rural electric
membership corporation, or rural telephone cooperative association
whose rate or rates are affected by the decision, ruling, or order
appealed from shall have the right to collect the rate or rates as fixed
by said decision, ruling, or order, or the former rate, whichever is
higher in amount, and such municipally owned utility, public utility,
corporation, or association shall refund the difference to each
consumer or contract customer if such difference be not sustained
upon appeal. However, pending the appeal as in this chapter
provided, the court of appeals, upon good cause shown by verified
petition, may authorize and permit, but not require, any common or
contract carrier whose rate or rates are affected by the decision,
ruling, or order appealed from, to collect the rate or rates published
and in effect or the rate or rates sought to be put into effect,
immediately prior to the commencement of the proceeding before the
commission, subject to such provisions for bond or escrow as the
court shall provide to protect the interest of all parties of record
before the court.
(Formerly: Acts 1957, c.189, s.6.) As amended by Acts 1977,
P.L.100, SEC.1; P.L.384-1987(ss), SEC.8.
IC 8-1-3-7
Determination of appeal; remand of proceedings for rehearing;
injunctions
Sec. 7. (a) Upon determination of the appeal, the court shall have
jurisdiction to affirm or set aside such decision, ruling, or order of
the commission, in whole or in part, or remand the proceeding to the
commission with instructions. No evidence beyond that contained in
the record of the proceedings before the commission shall be
considered or received by the court, except that in cases where issues
of confiscation or of constitutional right are involved, the court, on
its own motion or verified petition of a party, may order such
additional evidence as it deems necessary for the determination of
such issues to be taken before the commission and to be received at
the hearing before the commission in such manner and upon such
terms and conditions as the court shall order.
(b) If a new hearing is ordered under subsection (a), the
commission is not required to receive any evidence as to facts which
were in existence at the time of the prior commission hearing or
hearings, except upon a showing, either to the court in the first
instance, or the commission, upon the hearing, that:
(1) the evidence was not available for presentation to the
commission prior to the entry of its final decision, ruling, or
order, or prior to the determination of the commission upon the
petition for rehearing, if a petition for rehearing was filed; and
(2) due diligence was exercised by the party offering the
evidence to procure and present the evidence to the commission
prior to the entry of its final decision, ruling, or order, or its
determination upon the petition for rehearing, if any was filed.
(c) Whenever the court shall order additional evidence to be taken
the commission shall promptly hear and report the evidence to the
court so that the proof may be brought as nearly as reasonably
possible down to the date of its report to the court. The commission
may, after hearing such evidence, modify its findings as to facts and
its original decision, ruling, or order, and it shall file with the court
the amended decision or orders and any modified or new findings.
(d) If the commission modifies or amends its original decision or
orders, the appealing party or any other party aggrieved by the
modified or amended decision or order may file with the court,
within the time allowed by the court, a specification of any errors of
law claimed to have been made by the commission in the modified
decision or orders. A specification of errors shall be considered by
the court in addition to the errors of law asserted in the assignment
or assignments of error.
(e) The supreme court and the court of appeals, as the case may
be, have jurisdiction, upon application of the commission or any
party, to order or enjoin temporarily or permanently the enforcement
of any determination, ruling, or order of the commission made in the
cause.
(f) The supreme court and the court of appeals, as the case may
be, also have jurisdiction upon application of a public utility to issue
temporary injunctions protecting the utility in the collection of rates
determined by the court to be nonconfiscatory during the pendency
of the proceeding and until nonconfiscatory rates are fixed by the
commission if existing rates are finally determined to be
confiscatory, with appropriate provisions as to bonds and refunds.
(Formerly: Acts 1957, c.189, s.7.) As amended by P.L.3-1989,
SEC.54.
IC 8-1-3-8
Costs
Sec. 8. The cost of preparing the transcript of the record, on
reasonable terms fixed by general administrative order of the
commission, shall be paid in the first instance upon receipt of the
transcript by the person filing the written request for the transcript,
and the amount shall be stated as paid in the certificate of the
secretary which authenticates the transcript of record. However, all
costs incurred in connection with the appeal shall be awarded and
taxed as provided in other appeals of a civil nature in the supreme
court or the court of appeals. That part of the cost of the transcript of
the record which is incurred by reason of the transcription of oral
testimony by any reporter appointed by the commission shall become
the property of the reporter when paid.
(Formerly: Acts 1957, c.189, s.8.) As amended by P.L.3-1989,
SEC.55.
IC 8-1-3-9
Opposing affidavits; time to file
Sec. 9. Upon the filing of any petition provided for in this chapter,
all parties of record on appeal shall have ten (10) days, or such other
time as provided by the court of appeals or supreme court, in which
to file opposing affidavits.
(Formerly: Acts 1957, c.189, s.9.) As amended by P.L.59-1984,
SEC.49.
IC 8-1-3-10
Questions of law; certification by commission
Sec. 10. The commission, of its own motion, may certify
questions of law to the court of appeals for a decision and
determination.
(Formerly: Acts 1957, c.189, s.10.) As amended by P.L.3-1989,
SEC.56.
IC 8-1-3-11
Enforcement proceedings by commission
Sec. 11. Nothing in this chapter contained shall be construed to
affect the duty or power of the commission to commence and
prosecute enforcement proceedings in its own name or the name of
the state of Indiana, in the circuit or superior courts of this state,
pursuant to the provisions of other statutes, except insofar as such
proceedings may interfere with the jurisdiction of the court of
appeals or supreme court in a cause then pending on appeal.
(Formerly: Acts 1957, c.189, s.11.) As amended by P.L.59-1984,
SEC.50; P.L.23-1988, SEC.35.
IC 8-1-3-12
Repealed
(Repealed by P.L.59-1984, SEC.51.)