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Flashcards in Judicial Review Deck (11)
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1

Reviewability Presumption of Agency Action

Under federal and state law, there is a strong presumption that agency action is SUBJECT TO JUDICIAL REVIEW

2

Reviewability Presumption of Agency INaction

Presumption AGAINST judicial review of agency' decision to not take action

3

Reviewability of Threatened Agency Action

No judicial review BEFORE an agency action happens

4

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

5

Judicial Review of a Non-Final Agency Action

Person must establish:

(1) IMMEDIATE AND IRREPARABLE HARM; and

(2) NO ADEQUATE REMEDY EXISTS AT LAW

6

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

7

Timing of Judicial Review

Courts can only review agency actions that are FINAL

8

When is an Agency Action "Final" in Indiana?

Depends on whether the agency action was TAKEN BY THE ULTIMATE AUTHORITY within the agency

9

Exhaustion of Remedies

Person CANNOT seek judicial review of agency action until they have EXHAUSTED ALL ADMINISTRATIVE REMEDIES AVAILABLE WITHIN THE AGENCY

10

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

11

When Must a Petition for Judicial Review Be Filed?

WITHIN 30 DAYS after notice of action is served