Bill > HB1063

This bill amends Indiana's Administrative Orders and Procedures Act to require de novo judicial review of certain agency actions. Specifically, it: 1. Requires courts to review all issues of law and fact de novo, without deference to any previous interpretation made by the agency, when conducting judicial review of agency actions. 2. Provides that the burden of proof in such judicial review proceedings lies with the party that had the burden of proof before the administrative law judge. 3. Allows courts to review the amount of any monetary penalty imposed by an agency de novo to determine if the penalty is excessive, even if the person seeking review has not been prejudiced by the agency action. The court can then reduce the penalty or remand the case to the agency with instructions to impose an appropriate penalty, except that the court cannot reduce the penalty below any statutory minimum. Overall, this bill significantly expands the scope and intensity of judicial review of certain agency actions in Indiana.

Justice

http://iga.in.gov/legislative/2022/bills/house/1063/