Issues not raised before agency
Applied in 13 court decisions — leading case Development Serv. v. Ind. Fam. Soc. Serv. (2009)
Most recently applied in Jeri Good v. Indiana Teachers Retirement Fund (January 2015)
As added by P.L.18-1986, SEC.1
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Sec. 10. A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that:
(1) the issue concerns whether a person who was required to be notified by this article of the commencement of a proceeding was notified in substantial compliance with this article; or
(2) the interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the agency action.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.