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Indiana House Bill 1063 Would Change How Courts Weigh Factual Findings of Regulatory Agencies

Indiana House Bill 1063 Would Change How Courts Weigh Factual Findings of Regulatory Agencies
January 31, 2022 by Louie Jorczak , Partner
Indiana regulatory agencies generally have a leg up in Indiana courts when a party seeks judicial review of a regulatory ruling. Often the factual findings of the agencies are accepted as fact for the purposes of that subsequent lawsuit. Indiana House Bill 1063, which has already passed in the House and is being considered by the Indiana Senate, would change all of that. 

If passed, the new law would mandate that a court conducting a judicial review of agency action give no deference to the factual determination the agency made in the administrative hearing below, and the burden of proving the validity of certain agency actions would generally remain with the agency. This new law would apply to nearly all of Indiana's administrative agencies, including the Indiana Department of Environmental Management (IDEM). This would be a significant change to Indiana law and, if enacted, would have a decided impact on the strategy a business or property owner employs in dealing with agency action. 

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.


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