2019 Indiana Code
Title 9. Motor Vehicles
Article 33. Administrative Procedures
Chapter 2. Material Error Review
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:
(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.
