Judicial Review Flashcards
Reviewability Presumption of Agency Action
Under federal and state law, there is a strong presumption that agency action is SUBJECT TO JUDICIAL REVIEW
Reviewability Presumption of Agency INaction
Presumption AGAINST judicial review of agency’ decision to not take action
Reviewability of Threatened Agency Action
No judicial review BEFORE an agency action happens
Overcoming Presumption in Favor of Judicial Review
Presumption can be overcome in two ways:
(1) Legislature can PASS A STATUTE that expressly precludes judicial review; or
(2) Agency action is committed to AGENCY DISCRETION by law
Judicial Review of a Non-Final Agency Action
Person must establish:
(1) IMMEDIATE AND IRREPARABLE HARM; and
(2) NO ADEQUATE REMEDY EXISTS AT LAW
Standing for Judicial Review of Final Agency Action
Person has standing if they are:
(1) Person to whom final agency action was SPECIFICALLY DIRECTED;
(2) PARTY TO THE PROCEEDINGS that led to final agency action;
(3) Eligible for standing UNDER A LAW applicable to the final agency action; or
(4) Person otherwise ADVERSELY AFFECTED by the final agency action
Timing of Judicial Review
Courts can only review agency actions that are FINAL
When is an Agency Action “Final” in Indiana?
Depends on whether the agency action was TAKEN BY THE ULTIMATE AUTHORITY within the agency
Exhaustion of Remedies
Person CANNOT seek judicial review of agency action until they have EXHAUSTED ALL ADMINISTRATIVE REMEDIES AVAILABLE WITHIN THE AGENCY
Exceptions to Exhaustion Requirement
Not required if:
(1) Statute is VOID ON ITS FACE;
(2) Action’s theory is that AGENCY LACKS JURISDICTION; or
(3) Exhaustion would be FUTILE
When Must a Petition for Judicial Review Be Filed?
WITHIN 30 DAYS after notice of action is served
