Indiana Code 16-21-15-10. Appeals
(1) grant or deny issuing a certificate under this chapter; or
Terms Used In Indiana Code 16-21-15-10
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
may appeal the order by filing a petition for judicial review in a district court of the county in which the hospital is located.
(b) The filing of a petition for judicial review under subsection (a) stays the decision by the state department that is the subject of the review.
(c) The state department shall submit the documentation and all of the records the state department has concerning the subject of the review to the court not later than forty-five (45) days after the filing of the petition under subsection (a).
(d) The district court may require or permit later corrections or additions to the record or extend the time frame prescribed by subsection (c).
(e) The district court shall consider the petition under this section without a jury.
(f) The district court may reverse a decision made by the state department that is the subject of the petition if the court finds any of the following:
(1) The decision is in violation of the Constitution of the State of Indiana or the Constitution of the United States.
(2) The state department exceeded the state department’s authority under this chapter.
(3) The state department violated procedures specified under this chapter.
(4) The decision by the state department was arbitrary or capricious, or characterized an abuse or unwarranted exercise of discretion.
(5) The state department’s decision was unsupported by substantial and material evidence based on the entire record.
(g) The district court shall issue a decision on the petition in writing setting forth the court’s findings of fact and conclusions of law.
As added by P.L.104-2021, SEC.2.