Petition for Reconsideration (Administrative Agency)

PETITION FOR RECONSIDERATION

Before the [________________________________]

State of Indiana

In the Matter of:

[________________________________],
Petitioner,

v.

[________________________________],
Respondent Agency.

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

PETITION FOR RECONSIDERATION

Pursuant to Indiana Code § 4-21.5-3-7

Petitioner, [________________________________], by and through undersigned counsel [or pro se], hereby petitions the [________________________________] (the "Agency") / ultimate authority for the Agency to reconsider its Final Order dated [__/__/____], pursuant to Indiana Code § 4-21.5-3-7 and the Indiana Administrative Orders and Procedures Act (IC 4-21.5).

I. PRELIMINARY STATEMENT

Under Indiana Code § 4-21.5-3-7, when an agency issues an order as the result of a proceeding, any party or person who has been denied an opportunity to participate in the proceeding may petition the ultimate authority for the agency for review of the order within fifteen (15) days after notice was served on the petitioner. This Petition for Reconsideration 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 for Reconsideration

Indiana Code § 4-21.5-3-7(a) provides that a petition for review of an agency order may be filed with the ultimate authority of the agency within fifteen (15) days after notice was served on the petitioner. The ultimate authority must act on the petition within a reasonable time.

Additional authority: Indiana Code § 4-21.5-3-7 and the Agency's applicable rules of practice and procedure: [cite: ________________________________].

B. Timeliness

☐ This Petition is timely. Notice of the Final Order was served on Petitioner on [__/__/____]. The fifteen-day deadline expires on [__/__/____]. This Petition is filed on [__/__/____].

Deadline Calculation:

• Date notice of Final Order served: [__/__/____]
• Applicable deadline: 15 days from service
• 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 § 4-21.5-5-2, a petition for judicial review must be filed within thirty (30) days after the date that the person receives notice of the agency's final order (or, if a petition for reconsideration has been filed, after the ultimate authority rules on the petition). 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 FOR RECONSIDERATION

Petitioner asserts the following grounds for reconsideration. 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 Substantial Evidence
One or more material findings of fact are not supported by substantial evidence in the record as a whole, 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 for Reconsideration

Under Indiana Code § 4-21.5-3-7, the ultimate authority of the Agency has broad authority to review orders issued in administrative proceedings. The ultimate authority is not bound by the factual findings of the hearing officer and may make independent determinations. The same standards that guide judicial review under Indiana Code § 4-21.5-5-14 provide the benchmark for reconsideration.

B. Indiana APA Review Standards

Under Indiana Code § 4-21.5-5-14(d), a reviewing court (and by extension, the ultimate authority on reconsideration) shall grant relief if the agency action 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;
• Made upon unlawful procedure;
• Unsupported by substantial evidence; or
• Unwarranted by the facts as disclosed in the record.

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 lack substantial evidentiary support:

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 Reconsideration.

☐ 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 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 Revenue — tax assessments and appeals
• Indiana Department of Environmental Management (IDEM) — environmental permits and enforcement
• Indiana Bureau of Motor Vehicles (BMV) — driver's license actions
• Indiana Department of Workforce Development — unemployment insurance
• Indiana Department of Insurance — insurance company and agent regulation
• Indiana Utility Regulatory Commission (IURC) — utility regulation
• Indiana State Department of Health — health facility and provider licensing

OALP Procedures: The Indiana Office of Administrative Law Proceedings (OALP) serves as a centralized hearing body. However, the "ultimate authority" for reconsideration purposes 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 satisfies reconsideration remedies if 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 for Reconsideration 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 for Reconsideration 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 the Petition for Reconsideration is denied or the ultimate authority does not act:

1. Judicial Review — Indiana Circuit/Superior Court: Under Indiana Code § 4-21.5-5-2, a petition for judicial review must be filed within thirty (30) days after receipt of notice of the agency's final order. If a timely petition for reconsideration was filed under IC § 4-21.5-3-7, the thirty-day period runs from receipt of notice of the ultimate authority's ruling on reconsideration. File in the circuit or superior court of the county in which the petitioner resides, or in Marion County.

2. Stay of Agency Action: Under Indiana Code § 4-21.5-5-8, a party may petition the agency or the court for a stay of the agency's order pending judicial review.

3. Standard of Review: Indiana Code § 4-21.5-5-14 governs the scope of judicial review. Courts review the record and may grant relief for legal errors, constitutional violations, exceeding authority, procedural defects, lack of substantial evidence, or arbitrary/capricious action.

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://law.justia.com/codes/indiana/title-4/article-21-5/
• Indiana Code § 4-21.5-3-7 (Reconsideration): https://www.lawserver.com/law/state/indiana/in-code/indiana_code_4-21-5-3-34
• Indiana Office of Administrative Law Proceedings (OALP): https://www.in.gov/oalp/
• Indiana Professional Licensing Agency: https://www.in.gov/pla/