Survey of Indiana Administrative Law

Tabitha L. Balzer
Director, Lewis Kappes P.C.
Manuel “Manny” Herceg
Attorney, Taft Stettinius & Hollister LLP

Administrative agencies regulate a wide breadth of issues—including driver’s licenses, alcoholic beverage permits, placement of utility poles, administration of the state’s Medicaid program, and complaints by prisoners—to name just a few examples discussed in this Article. These agencies form a bridge between Indiana’s citizens and their government. The purpose of this survey Article, as in years past, is to highlight a few significant decisions by Indiana appellate courts over the last year (October 2016-September 2017) concerning administrative law issues that have far-reaching effect.

The rules governing the review of agency actions are not immune from the issues present in all litigation, and particularly regarding errors in filing. Hunter v. State Department of Transportation presents a straightforward application of a longstanding rule; viz. an untimely filing of a petition for judicial review is a procedural error. However, unlike the application of Appellate Rule 9(A) generally, the Administrative Orders and Procedures Act (AOPA) does not permit the showing of “good cause” to excuse the untimely filing. [Read entire article here]