Petition for Reconsideration (Administrative Agency) - Indiana

PETITION FOR REHEARING / REVIEW OF AGENCY ORDER

Before the [________________________________]

State of Indiana

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent Agency.

Docket No.: [________________________________]
Agency File No.: [________________________________]

PETITION FOR REHEARING / REVIEW OF ORDER

Pursuant to Indiana Code § 4-21.5-3-31(c) (Rehearing — Newly Discovered Evidence) and/or § 4-21.5-3-29 (Objection to Non-Final Order)

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby petitions the [________________________________] (the "Agency") / ultimate authority for the Agency for:

☐ Rehearing of a Final Order under Indiana Code § 4-21.5-3-31(c), limited to newly discovered material evidence, regarding the Final Order dated [__/__/____]; or

☐ Review of / Objection to a Non-Final Order under Indiana Code § 4-21.5-3-29, regarding the Non-Final Order issued by Administrative Law Judge [________________________________] (who is not the ultimate authority for the Agency) dated [__/__/____];

pursuant to the Indiana Administrative Orders and Procedures Act (IC 4-21.5).

I. PRELIMINARY STATEMENT

If the order at issue is a non-final order issued by an administrative law judge who is not the Agency's ultimate authority, a party preserves an objection to that order for judicial review by filing a written objection with the ultimate authority under Indiana Code § 4-21.5-3-29(d) within fifteen (15) days (or any longer period set by statute) after the order is served. This Petition is timely filed within that period.

If the order at issue is already a final order, the ultimate authority may grant a petition for rehearing under Indiana Code § 4-21.5-3-31(c) only upon a showing that newly discovered material evidence exists that could not, with due diligence, have been discovered and produced at the hearing. A petition for rehearing (or any other action seeking modification, correction, or rehearing of a final order) must be filed before the ultimate authority's jurisdiction over the final order expires — generally thirty (30) days after the agency serves the final order, unless another agency or a court has already assumed jurisdiction over the order. This Petition is timely filed within that period.

The Final Order [describe adverse action: e.g., denied Petitioner's application for / revoked Petitioner's / imposed a civil penalty of $[____________] against Petitioner / upheld agency enforcement action]. For the reasons set forth below, the Order is erroneous and should be vacated, modified, or remanded for further proceedings.

II. JURISDICTION AND STATUTORY AUTHORITY

A. Statutory Basis

☐ Non-final order (objection under IC § 4-21.5-3-29): Indiana Code § 4-21.5-3-29(d) provides that, to preserve an objection to a non-final order of an administrative law judge (who is not the agency's ultimate authority) for judicial review, a party not in default under IC 4-21.5-3 must file a written objection with the ultimate authority, identifying the basis of the objection with reasonable particularity, and serve it on all parties and the agency within fifteen (15) days (or any longer period set by statute) after the order is served. Absent a timely objection (or the ultimate authority's own notice of intent to review under § 4-21.5-3-29(e)), the non-final order becomes final.

☐ Rehearing of a final order (IC § 4-21.5-3-31(c)): Indiana Code § 4-21.5-3-31(c) allows a party to petition the ultimate authority for a rehearing of a final order. The ultimate authority may grant the petition only if the petitioning party demonstrates that: (1) the party is not in default under IC 4-21.5-3; (2) newly discovered material evidence exists; and (3) the evidence could not, by due diligence, have been discovered and produced at the hearing. The rehearing may be limited to the issues directly affected by the newly discovered evidence. The ultimate authority's jurisdiction to act under this section generally expires thirty (30) days after the final order is served, unless another agency or a court has assumed jurisdiction over the order first. See IC § 4-21.5-3-31(a).

Additional authority: the Agency's applicable rules of practice and procedure: [cite: ________________________________].

B. Timeliness

☐ This Petition is timely. Notice of the Order was served on Petitioner on [__/__/____]. The applicable deadline (15 days for an objection to a non-final order under IC § 4-21.5-3-29, or the ultimate authority's jurisdictional period of no more than 30 days for a rehearing petition under IC § 4-21.5-3-31 as to a final order) expires on [__/__/____]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date notice of Order served: [__/__/____]
• Applicable deadline: 15 days from service (non-final order objection, IC § 4-21.5-3-29) OR up to 30 days from service (final order rehearing petition, IC § 4-21.5-3-31) — select applicable provision
• Deadline for this Petition: [__/__/____]
• Date this Petition filed: [__/__/____]

C. Ultimate Authority

This Petition is directed to the ultimate authority for the Agency, which is: [________________________________] (e.g., the [Board/Commission/Director/Secretary] of the [________________________________]).

D. Effect on Judicial Review Deadline

Under Indiana Code § 4-21.5-5-4, a person must exhaust all administrative remedies before seeking judicial review. Under Indiana Code § 4-21.5-5-5, a petition for judicial review must be filed within thirty (30) days after the date that notice of the agency's final order was served. Filing a petition for rehearing or a motion to correct error under IC § 4-21.5-3-31 tolls the judicial-review period; a new 30-day period begins to run when the motion is denied (including by operation of law, thirty (30) days after filing if there is no ruling) or a new order is issued. Consult Indiana counsel for the exact deadline calculation in your case.

III. IDENTIFICATION OF PARTIES

A. Petitioner

Name: [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]
Telephone: [____________________________]
Email: [________________________________]
License/Permit/Account No. (if applicable): [________________________________]
Represented by: [________________________________] (Counsel) / Pro Se ☐
Indiana Bar No. (if attorney): [____________________]

B. Respondent Agency / Ultimate Authority

Agency Name: [________________________________]
Ultimate Authority (Board/Director): [________________________________]
Address: [________________________________]
City, State, Zip: [________________________________]

C. Indiana Office of Administrative Law Proceedings (OALP)

If the underlying hearing was conducted through the Indiana Office of Administrative Law Proceedings (OALP), identify the ALJ: [________________________________], OALP Cause No.: [________________________________].

D. Other Parties of Record

Name: [________________________________]
Role: [________________________________]
Address: [________________________________]

IV. DESCRIPTION OF THE ORDER CHALLENGED

A. The Final Order

1. Title/Description: [________________________________]
2. Date Issued: [__/__/____]
3. Date Notice Served on Petitioner: [__/__/____]
4. Order Number/Reference: [________________________________]
5. Issuing Body (ALJ/Hearing Officer/Agency Board): [________________________________]

B. Summary of the Order

The Order found/concluded: [________________________________]

The Order directed/imposed: [________________________________]

A copy of the Order is attached as Exhibit A.

V. PROCEDURAL HISTORY

1. On [__/__/____], [describe the initiating agency action, e.g., "the Agency issued a Notice of Action proposing to [action]"].

2. On [__/__/____], Petitioner [describe response, e.g., "filed a timely petition for administrative review with the Agency / OALP"].

3. [If heard by OALP:] The matter was assigned to Administrative Law Judge (ALJ) [________________________________] of the Indiana Office of Administrative Law Proceedings (OALP).

4. A hearing was held on [__/__/____] at [________________________________], Indiana.

5. Witnesses who testified:
   - [________________________________], called by [________________________________]
   - [________________________________], called by [________________________________]

6. Exhibits admitted into evidence:
   - [________________________________]
   - [________________________________]

7. Post-hearing submissions:
   - Petitioner's brief filed: [__/__/____]
   - Agency's brief filed: [__/__/____]

8. The ALJ issued a Proposed Order/Recommended Decision on [__/__/____] [if applicable].

9. The Agency's ultimate authority issued its Final Order on [__/__/____].

VI. GROUNDS ASSERTED

Petitioner asserts the following grounds. Check all that apply:

☐ Ground 1: Error of Law
The Order contains one or more errors in the interpretation or application of Indiana law.

Cite statute/rule: [________________________________]
Specific error: [________________________________]

☐ Ground 2: Findings of Fact Not Supported by a Preponderance of the Evidence
One or more material findings of fact are not supported by a preponderance of the evidence in the record, in violation of Indiana Code § 4-21.5-5-14(d)(5).

Unsupported findings:

• Finding: [________________________________]; Contrary evidence: [________________________________]
• Finding: [________________________________]; Contrary evidence: [________________________________]

☐ Ground 3: Newly Discovered Evidence
Material evidence not reasonably available at the time of the hearing has been discovered.

Description: [________________________________]
Why not available at hearing: [________________________________]
Materiality to outcome: [________________________________]

☐ Ground 4: Agency Exceeded Its Authority
The Agency's action exceeds its statutory authority or jurisdiction.

Specifically: [________________________________]
Applicable statutory limit: [________________________________]

☐ Ground 5: Arbitrary, Capricious, or Abuse of Discretion
The Order is arbitrary, capricious, or represents an abuse of discretion, in violation of Indiana Code § 4-21.5-5-14(d)(7).

Specifically: [________________________________]

☐ Ground 6: Constitutional Violation
The Order violates Petitioner's constitutional rights:
☐ Due process (U.S. Const. amend. XIV; Ind. Const. art. I, § 12)
☐ Equal privileges and immunities (Ind. Const. art. I, § 23)
☐ Other: [________________________________]

☐ Ground 7: Procedural Error
A procedural error deprived Petitioner of a fair hearing:
☐ Inadequate notice of hearing or charges
☐ Evidence improperly admitted or excluded
☐ Denial of right to present witnesses or cross-examine
☐ ALJ bias or conflict of interest
☐ Other: [________________________________]

☐ Ground 8: Denial of Opportunity to Participate
Petitioner was denied a meaningful opportunity to participate in the proceeding.

Specifically: [________________________________]

VII. STATEMENT OF FACTS

A. Background

[Provide a numbered, chronological factual narrative:]

1. Petitioner [________________________________] is a [describe: licensed professional / business entity / regulated party / permit holder / benefit recipient] who [describe relevant background].

2. On [__/__/____], [describe the initiating event or agency action].

3. On [__/__/____], [describe next relevant event].

4. [Continue sequentially.]

B. Factual Errors in the Order

The following specific findings in the Order are factually incorrect or unsupported:

Erroneous Finding 1:

• The Order states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: Exhibit [____] / Transcript p. [____]

Erroneous Finding 2:

• The Order states: "[________________________________]"
• The correct fact is: "[________________________________]"
• Evidence: [________________________________]

VIII. LEGAL ARGUMENT

A. Standard Applicable to This Petition

If this Petition seeks rehearing of a final order under Indiana Code § 4-21.5-3-31(c), the ultimate authority's authority to grant relief is limited to the specific showing required by that section: the petitioning party is not in default under IC 4-21.5-3, newly discovered material evidence exists, and that evidence could not, with due diligence, have been discovered and produced at the hearing. If this Petition instead objects to a non-final order under Indiana Code § 4-21.5-3-29, the ultimate authority (or its designee) may affirm, modify, or remand the order, and is not bound by the administrative law judge's findings.

B. Indiana AOPA Judicial Review Standards (For Reference / If Judicial Review Follows)

Under Indiana Code § 4-21.5-5-14(d), a reviewing court shall grant relief only if it determines the person seeking judicial relief has been prejudiced by agency action that is:

• Arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
• Contrary to constitutional right, power, privilege, or immunity;
• In excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
• Made without observance of procedure required by law; or
• Unsupported by a preponderance of the evidence.

These are the standards a reviewing court applies on judicial review; they do not, by themselves, authorize the ultimate authority to reconsider a final order outside the rehearing and modification mechanisms in IC § 4-21.5-3-31.

C. Argument on Ground 1: [State Ground Title]

[Provide detailed legal argument:]

The Order erred as a matter of law by [________________________________]. Indiana Code § [____] provides that [________________________________]. The Agency's interpretation conflicts with this provision because [________________________________].

In [case name], [____] N.E.2d/3d [____] (Ind. [year] / Ind. Ct. App. [year]), the Indiana [Supreme Court / Court of Appeals] held that [________________________________]. This controlling authority requires [________________________________].

D. Argument on Ground 2: [Insufficient Evidence]

The following findings are not supported by a preponderance of the evidence in the record:

Finding [____]: The Agency found [________________________________]. The evidence in the record, however, establishes [________________________________]. [Exhibit [____]] demonstrates [________________________________]. Testimony of [________________________________] (Tr. p. [____]) states [________________________________]. This evidence renders the Agency's finding unsupported because [________________________________].

E. [Continue for Each Additional Ground Asserted]

IX. RELIEF REQUESTED

Petitioner respectfully requests that the ultimate authority:

☐ 1. Grant this Petition (for rehearing under IC § 4-21.5-3-31(c) or for review of a non-final order under IC § 4-21.5-3-29, as applicable).

☐ 2. Vacate the Final Order in its entirety.

☐ 3. Enter a new order in Petitioner's favor: [________________________________]

☐ 4. Modify the Order as follows: [________________________________]

☐ 5. Remand for further hearing limited to: [________________________________]

☐ 6. Stay enforcement of the Order pending resolution of this Petition and any judicial review.

☐ 7. Reinstate Petitioner's [license/permit/benefits]: [________________________________]

☐ 8. Reduce the [penalty/fine/assessment] to: $[____________]

☐ 9. Grant such other and further relief as is just and proper.

X. LIST OF EXHIBITS

XI. INDIANA-SPECIFIC AGENCY NOTES

This template may be used in AOPA-governed proceedings before Indiana state agencies, including:

• Indiana Office of Administrative Law Proceedings (OALP) — centralized hearing body for many state agencies; Indiana Administrative Code title 1, article 2 governs procedures
• Indiana Professional Licensing Agency (PLA) — professional license discipline (medical, real estate, insurance, contractors, etc.)
• Indiana Family and Social Services Administration (FSSA) — Medicaid, public assistance, welfare
• Indiana Department of Environmental Management (IDEM) — environmental permits and enforcement (reviewed through the Office of Environmental Adjudication / OALP under IC 4-21.5-7)
• Indiana Bureau of Motor Vehicles (BMV) — driver's license actions
• Indiana Department of Insurance — insurance company and agent regulation
• Indiana State Department of Health — health facility and provider licensing

Agencies NOT governed by this template (AOPA-exempt under IC § 4-21.5-2-4): the Indiana Utility Regulatory Commission, the Indiana Department of Revenue (except private employment agency licensing actions), and the Indiana Department of Workforce Development / Unemployment Insurance Review Board each have their own separate statutory review procedures outside AOPA. Do not use this template for those agencies without confirming the applicable procedure with Indiana counsel.

OALP Procedures: The Indiana Office of Administrative Law Proceedings (OALP) serves as a centralized hearing body. However, the "ultimate authority" for purposes of a rehearing petition or an objection to a non-final order is the agency head (director, board, or commission), not the OALP ALJ. This Petition must be directed to the agency's ultimate authority, not to OALP.

Exhaustion Requirement: Under Indiana Code § 4-21.5-5-4, exhaustion of administrative remedies is required before judicial review. Filing this Petition, where it is an available remedy under IC § 4-21.5-3-29 or § 4-21.5-3-31(c), satisfies the applicable exhaustion requirement to the extent required by the Agency's rules.

XII. VERIFICATION

I, [________________________________], declare under penalties for perjury under the laws of the State of Indiana that the facts stated in the foregoing Petition are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [________________________________], Indiana.

[________________________________]
Signature

[________________________________]
Printed Name

[________________________________]
Title (if on behalf of entity)

XIII. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____], I served a true and correct copy of the foregoing Petition and all exhibits upon all parties of record by the method indicated:

Ultimate Authority / Agency Head:
Name/Title: [________________________________]
Address: [________________________________]
Method:
☐ Personal delivery
☐ First-class U.S. mail, postage prepaid
☐ Certified mail, return receipt requested
☐ Electronic service (if permitted): [________________________________]

Agency Counsel:
Name: [________________________________]
Address: [________________________________]
Method: [________________________________]

OALP (if required):
Address: Indiana Office of Administrative Law Proceedings, 100 N. Senate Ave., Indianapolis, IN 46204
Method: [________________________________]

Other Parties:
Name: [________________________________]
Method: [________________________________]

[________________________________]
Signature

Date: [__/__/____]

XIV. SIGNATURE BLOCK

Respectfully submitted,

[________________________________]
[Attorney Name / Pro Se Petitioner Name]
[Law Firm, if applicable]
[________________________________]
[Address]
[________________________________]
[City, Indiana, Zip]
Telephone: [____________________________]
Facsimile: [____________________________]
Email: [________________________________]
Indiana Bar No.: [____________________] (if attorney)

Date: [__/__/____]

XV. NEXT STEPS IF PETITION IS DENIED

If this Petition is denied, deemed denied, or the ultimate authority does not timely act:

1. Judicial Review — Indiana Circuit/Superior Court: Under Indiana Code § 4-21.5-5-5, a petition for judicial review must be filed within thirty (30) days after the date notice of the agency's final order was served. If a timely petition for rehearing or motion to correct error was filed under IC § 4-21.5-3-31, that filing tolls the thirty-day period, and a new thirty-day period begins to run when the motion is denied (including by operation of law thirty (30) days after filing if there is no ruling) or a new order is issued. Under Indiana Code § 4-21.5-5-6, venue for the petition for judicial review is in the judicial district where the petitioner resides or maintains a principal place of business, where the agency action is to be carried out or enforced, or where the principal office of the agency is located — there is no separate default option to file in Marion County absent one of those connections.

2. Stay of Agency Action: Under Indiana Code § 4-21.5-5-9, a party seeking judicial review may petition the court for a stay of the agency's order pending the court's decision, supported by a verified petition, a showing of a reasonable probability that the order is invalid or illegal, and a bond (at least $500, in an amount and with surety approved by the court), except that this stay procedure does not apply to a matter concerning an assessment or determination of tax due the state.

3. Standard of Review: Indiana Code § 4-21.5-5-14 governs the scope of judicial review. The court may grant relief only if the petitioner was prejudiced by agency action that is arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; contrary to constitutional right, power, privilege, or immunity; in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; without observance of procedure required by law; or unsupported by a preponderance of the evidence.

4. Further Appeals: Appeals from the trial court proceed to the Indiana Court of Appeals and potentially the Indiana Supreme Court.

Important: The thirty-day judicial review deadline is strictly enforced. Consult a qualified Indiana attorney immediately upon denial of this Petition.

SOURCES AND REFERENCES

• Indiana Code Article 4-21.5 (Administrative Orders and Procedures): https://iga.in.gov/laws/2025/ic/titles/4
• Indiana Code § 4-21.5-3-29 (Orders From Other Than Ultimate Authority; Review by Ultimate Authority; Objections): https://law.justia.com/codes/indiana/title-4/article-21-5/chapter-3/section-4-21-5-3-29/
• Indiana Code § 4-21.5-3-31 (Modification of Final Order; Rehearing): https://law.justia.com/codes/indiana/title-4/article-21-5/chapter-3/section-4-21-5-3-31/
• Indiana Code § 4-21.5-5-4 through § 4-21.5-5-14 (Judicial Review — Exhaustion, Time for Filing, Venue, Stay, Standards of Review): https://law.justia.com/codes/indiana/title-4/article-21-5/chapter-5/
• Indiana Code § 4-21.5-2-4 (Exemptions from AOPA): https://law.justia.com/codes/indiana/title-4/article-21-5/chapter-2/section-4-21-5-2-4/
• Indiana Office of Administrative Law Proceedings (OALP): https://www.in.gov/oalp/
• Indiana Professional Licensing Agency: https://www.in.gov/pla/