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Ind. Code § 4-21.5-5-13

Transmittal of agency record; costs; corrections or additions

Applied in 11 court decisions — leading case Indiana State Board of Education v. Brownsburg Community School Corp. (2004)

Most recently applied in First American Title Insurance Co. v. Robertson (May 2013)

As added by P.L.18-1986, SEC.1

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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. 13. (a) Not later than thirty (30) days after receipt of the petition for judicial review served under section 8 of this chapter or within further time allowed by the court or by other law, the office or ultimate authority shall transmit to the court the original or a certified copy of the agency record for judicial review of the agency action.

(b) The record consists of:

(1) any agency documents expressing the agency action;

(2) other documents identified by the agency as having been considered by it before its action and used as a basis for its action; and

(3) any other material described in this article as the agency record for the type of agency action at issue, subject to this section.

(c) An extension of time in which to file the record shall be granted by the court for good cause shown. Inability of the office or ultimate authority to compile the record within the time permitted by this section is good cause.

(d) If part of the record has been preserved without a transcript, the agency shall prepare a transcript for inclusion in the record transmitted to the court, except for portions that the parties to the judicial review proceeding stipulate to omit in accordance with subsection (f).

(e) Notwithstanding IC 5-14-3-8, the agency shall charge the petitioner with the reasonable cost of preparing any necessary copies and transcripts for transmittal to the court, unless a person files with the court, under oath and in writing, the statement described by IC 33-37-3-2.

(f) By stipulation of all parties to the review proceedings, the record may be shortened, summarized, or organized.

(g) The court may tax the cost of preparing transcripts and copies for the record:

(1) against a party to the judicial review proceeding who unreasonably refuses to stipulate to shorten, summarize, or organize the record; or

(2) in accordance with the rules governing civil actions in the courts or other law.

(h) Additions to the record concerning evidence received under section 12 of this chapter must be made as ordered by the court. The court may require or permit subsequent corrections or additions to the record.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.