Sec. 11. (a) The commission shall follow the recommendation of a majority of the members of a local board to grant or deny an application for a retailer’s or dealer’s permit of any type, unless, after the commission’s review of that recommendation, the commission determines that to follow the recommendation would be:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law;

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Terms Used In Indiana Code 7.1-3-19-11

  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) contrary to a constitutional right, power, privilege, or immunity;

(3) in excess of, or contrary to, statutory jurisdiction, authority, limitations or rights;

(4) without observance of procedure required by law; or

(5) unsupported by substantial evidence.

Such review shall be de novo.

     (b) If the commission determines not to follow the recommendation of a local board, after the commission’s review of that recommendation according to the standards set forth in subsection (a), the commission shall make written findings of fact on each material issue on which the commission’s determination is based.

[Pre-1973 Recodification Citation: 7-1-1-5(2).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.64-1990, SEC.3.

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