Flashcards in Judicial Review Deck (11)
Loading flashcards...
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
