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