2016 Indiana Code
TITLE 9. MOTOR VEHICLES
ARTICLE 33. ADMINISTRATIVE PROCEDURES
CHAPTER 2. MATERIAL ERROR REVIEW
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IC 9-33-2
Chapter 2. Material Error Review
IC 9-33-2-1
Determination of material error; review by bureau; notice; judicial
review
Sec. 1. (a) If a person determines that the records of the bureau
contain a material error with respect to the person or the person's
records, the person may notify the bureau in writing of the material
error.
(b) Not more than thirty (30) days after the bureau receives notice
under subsection (a), the bureau shall determine if a material error
was made.
(c) If the bureau determines that a material error was made with
respect to the person's records, the bureau shall provide written
notice to the person and correct the error, including removing any
suspension of the person's driving privileges or registration and
reinstating the person's driving privileges or registration.
(d) If the bureau determines that a material error exists with
respect to an action under IC 9-30-10, the bureau shall notify the
prosecuting attorney of the county in which the action originated of
the bureau's determination of the material error. The prosecuting
attorney is entitled to respond to the bureau's determination.
(e) A person aggrieved by the bureau's determination of a material
error under this section may seek judicial review of the determination
under section 3 of this chapter.
As added by P.L.149-2015, SEC.110.
IC 9-33-2-2
Actions taken by bureau; judicial review
Sec. 2. (a) The bureau may modify, amend, or cancel any order
issued or determination made under this chapter at any time before
the deadline to seek judicial review of the order or determination
under section 3 of this chapter has passed.
(b) A person aggrieved by a modification, amendment, or
cancellation under subsection (a) may seek judicial review of the
modification, amendment, or cancellation under section 3 of this
chapter.
As added by P.L.149-2015, SEC.110.
IC 9-33-2-3
Judicial review; petition; contents; stay of underlying action
Sec. 3. (a) A person aggrieved by an action under this article may
file a petition in the circuit or superior court of the county in which
the person resides. A nonresident may file a petition for review in the
Marion County circuit court.
(b) The person must file the petition not more than fifteen (15)
days after the earlier of:
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(1) the date on which the person receives written notice under
section 1 of this chapter; or
(2) the expiration of the thirty (30) day period under section
1(b) of this chapter.
(c) A petition filed under subsection (a) must:
(1) be verified by the petitioner;
(2) state the petitioner's age, date of birth, place of residence,
and driver's license identification number;
(3) state the action under section 1 of this chapter from which
the person seeks relief;
(4) include a copy of any written order or determination made
by the bureau with respect to the action;
(5) state the grounds for relief, including all facts showing that
the bureau's action is wrongful or unlawful; and
(6) state the relief sought.
(d) The filing of a petition under this section does not
automatically stay the underlying action. The court in which the
petition is filed may stay the underlying action pending final judicial
review if the court determines that the petition states facts that show
a reasonable probability that the action is wrongful or unlawful.
(e) This subsection applies to a petition that alleges a material
error with respect to an action taken by the bureau under IC 9-30-10.
Not more than six (6) months after the petition is filed, the court
shall hear the petition, take testimony, and examine the facts of the
case. In disposing of the petition, the court may modify, affirm, or
reverse the action of the bureau in whole or in part and shall issue an
appropriate order. If the court fails to hear the petition in a timely
manner, the original action of the bureau is reinstated in full force
and effect.
As added by P.L.149-2015, SEC.110. Amended by P.L.198-2016,
SEC.631.
IC 9-33-2-4
Summons; service; application of rules of trial procedures; court
costs and fees
Sec. 4. (a) A summons in a proceeding under this chapter shall be
issued and served in the manner provided for civil actions. In a
proceeding to review an action taken by the bureau under IC 9-30-10,
the summons and a copy of the petition shall be served on the
prosecuting attorney of the county in which the petition is filed and
the bureau. In a proceeding to review any other action taken by the
bureau, the summons and a copy of the petition shall be served on the
attorney general and the bureau.
(b) The petitioner bears the burden of proof by a preponderance
of the evidence to prevail in a proceeding under this chapter.
(c) IC 9-30-3-15 and the rules of trial procedure apply in a
proceeding under this chapter. However:
(1) a responsive pleading is not required when a petition for
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review has been filed; and
(2) a person is not entitled to a change of venue from the
county.
(d) In a proceeding to review an action taken by the bureau under
IC 9-30-10, the prosecuting attorney of the county in which the
petition is filed shall represent the state in relation with the bureau.
In a proceeding for any other action taken by the bureau, the attorney
general shall represent the state in relation with the bureau.
(e) Court costs, including fees, shall be assessed and paid by the
petitioner at the time of filing in an amount equal to the costs,
including fees, assessed in the enforcement of infractions. However,
a petitioner whose driving privileges have been reinstated under
IC 9-30-10 is entitled to a refund of all court costs, including fees.
As added by P.L.149-2015, SEC.110.
IC 9-33-2-5
Docketing of cause; bureau not liable for costs
Sec. 5. On the filing of a petition for judicial review under this
chapter, the cause shall be docketed by the clerk of the court in the
name of the petitioner against the bureau. The issues shall be
considered closed by denial of all matters at issue without the
necessity of filing any further pleadings. The bureau is not liable or
taxable for any cost in any action for judicial review under this
chapter.
As added by P.L.149-2015, SEC.110.
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