Professional Licensing Appeal - Indiana

PROFESSIONAL LICENSING APPEAL — INDIANA

Overview

This template provides forms and guidance for appealing professional licensing disciplinary actions in Indiana. Professional licensing is administered by the Indiana Professional Licensing Agency (PLA), which provides administrative support to more than 40 professional licensing boards under Indiana Code Title 25 (Professions and Occupations). Disciplinary hearings are conducted by the applicable PLA Board as contested case proceedings under the Indiana Administrative Orders and Procedures Act (AOPA), IC 4-21.5. Judicial review of final PLA Board orders is available in the trial court under IC 4-21.5-5.

PART ONE: APPEAL COVER LETTER

[__/__/____]

[________________________________]
[________________________________]
[________________________________]
[Attorney Name / Petitioner Pro Se]

VIA HAND DELIVERY / CERTIFIED MAIL

Clerk of the Court
[________________________________] [Circuit / Superior] Court
[________________________________] County
[________________________________]
[________________________________], Indiana [____]

Re: Petition for Judicial Review — [________________________________] v. [________________________________]
License Type: [________________________________]
License Number: [____]
PLA Board Decision Date: [__/__/____]

Dear Clerk:

Enclosed for filing please find the following documents:

☐ Petition for Judicial Review (Original and [____] copies)
☐ Filing fee
☐ Certificate of Service upon Respondent Agency/Board
☐ Certificate of Service upon the Indiana Attorney General
☐ Motion for Stay of Agency Order Pending Review (if applicable)
☐ Proposed Order on Stay (if applicable)
☐ Request for Certified Agency Record

This Petition is filed pursuant to IC 4-21.5-5, seeking judicial review of the final order of the [________________________________] Board dated [__/__/____].

Respectfully submitted,

_________________________________
[Attorney Name], Esq.
Indiana Attorney No. [____]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

PART TWO: PETITION FOR JUDICIAL REVIEW

IN THE [________________________________] [CIRCUIT / SUPERIOR] COURT
[________________________________] COUNTY, INDIANA

PETITION FOR JUDICIAL REVIEW

(IC 4-21.5-5)

Petitioner [________________________________] ("Petitioner"), by and through [his/her/their] undersigned attorney [or pro se], respectfully petitions this Court for judicial review of the final order of Respondent [________________________________] ("Board") entered on [__/__/____], and in support thereof states:

I. PARTIES

1. Petitioner [________________________________] is a [licensed/applicant for licensure as a] [________________________________] in the State of Indiana, holding License No. [____], with a principal address at [________________________________].

2. Respondent [________________________________] is a professional licensing board established under IC Title 25, administered by the Indiana Professional Licensing Agency (PLA), with offices located at 402 West Washington Street, Room W072, Indianapolis, Indiana 46204.

II. JURISDICTION, VENUE, AND TIMELINESS

3. This Court has jurisdiction over this Petition pursuant to IC 4-21.5-5-5, which provides for judicial review of final agency orders.

4. Venue is proper in this Court pursuant to IC 4-21.5-5-6. [Select applicable basis:]
   ☐ The [circuit / superior] court of Marion County (county in which the agency maintains its principal office)
   ☐ The [circuit / superior] court of [________________________________] County (county of Petitioner's residence)
   ☐ The [circuit / superior] court of [________________________________] County (county where Petitioner's principal place of business is located)
   ☐ Other proper venue: [________________________________]

5. The Board served its final order upon Petitioner on [__/__/____]. This Petition is filed within thirty (30) days of service of the final order, as required by IC 4-21.5-5-5.

6. Petitioner has exhausted all available administrative remedies as required by IC 4-21.5-5-4.

III. STATEMENT OF THE CASE

7. On or about [__/__/____], the Board [filed a complaint / issued an administrative complaint / received a complaint] against Petitioner alleging [________________________________].

8. The Board's Office of Litigation Management initiated a disciplinary proceeding against Petitioner under AOPA and IC Title 25.

9. A contested case hearing was conducted before the [________________________________] Board on [__/__/____] [through [__/__/____]].

10. The Board acted as the administrative law judge for purposes of the disciplinary proceeding pursuant to AOPA and IC 25-1-9.

11. On [__/__/____], the Board issued its Final Order [finding Petitioner in violation of / dismissing charges of] [________________________________] and ordering [________________________________].

12. The Board's Final Order was served upon Petitioner on [__/__/____].

13. [If applicable:] On [__/__/____], Petitioner filed a Petition for Rehearing. [The petition was denied on [__/__/____] / The Board failed to act within the applicable time period.]

IV. ISSUES PRESENTED FOR REVIEW

14. Whether the Board's order is supported by substantial evidence.

15. [________________________________]

16. [________________________________]

17. [________________________________]

V. STANDARD OF REVIEW (IC 4-21.5-5-14)

18. Pursuant to IC 4-21.5-5-14, the Court 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, or short of statutory right
☐ Without observance of procedure required by law
☐ Unsupported by substantial evidence

19. The Court shall not try the cause de novo but shall review the record to determine whether the agency's decision is supported by substantial evidence and is in accordance with law.

VI. GROUNDS FOR APPEAL

Ground 1: [________________________________]

20. [________________________________]

21. [________________________________]

Ground 2: [________________________________]

22. [________________________________]

23. [________________________________]

Ground 3: [________________________________]

24. [________________________________]

25. [________________________________]

VII. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

a. Reverse or modify the Board's Final Order dated [__/__/____];

b. [Reinstate Petitioner's license / Direct the Board to issue Petitioner's license / Remand the matter to the Board for further proceedings consistent with the Court's decision];

c. Stay enforcement of the Board's order pending the outcome of this judicial review, pursuant to IC 4-21.5-5-11;

d. Award Petitioner costs and attorney's fees as permitted by law; and

e. Grant such other and further relief as this Court deems just and proper.

Respectfully submitted,

_________________________________
[Attorney Name], Esq.
Indiana Attorney No. [____]
[________________________________]
[________________________________]
Phone: [________________________________]
Email: [________________________________]

Dated: [__/__/____]

PART THREE: MOTION FOR STAY OF AGENCY ORDER PENDING REVIEW

IN THE [________________________________] [CIRCUIT / SUPERIOR] COURT
[________________________________] COUNTY, INDIANA

MOTION FOR STAY OF AGENCY ORDER PENDING JUDICIAL REVIEW

(IC 4-21.5-5-11)

Petitioner [________________________________], by and through undersigned counsel, respectfully moves this Court for a stay of the final order of Respondent [________________________________] pending judicial review, pursuant to IC 4-21.5-5-11, and states:

1. On [__/__/____], Respondent entered a final order [revoking / suspending / imposing conditions upon / reprimanding] Petitioner's [________________________________] license.

2. Petitioner timely filed a Petition for Judicial Review on [__/__/____].

3. Pursuant to IC 4-21.5-5-11, the filing of a petition for judicial review does not automatically stay enforcement of the agency's order. However, the court may order a stay upon appropriate terms.

4. Likelihood of Success on the Merits. Petitioner is likely to succeed on the merits because [________________________________].

5. Irreparable Harm. Absent a stay, Petitioner will suffer irreparable harm in that [________________________________].

6. Balance of Harms. The balance of harms favors a stay because [________________________________].

7. Public Interest. A stay will not adversely affect the public interest because [________________________________].

WHEREFORE, Petitioner respectfully requests that this Court enter an Order staying enforcement of the Board's final order pending the resolution of this judicial review.

Respectfully submitted,

_________________________________
[Attorney Name], Esq.

Dated: [__/__/____]

PART FOUR: STATEMENT OF ISSUES ON APPEAL

ISSUES FOR JUDICIAL REVIEW

Issue 1: [________________________________]

☐ Arbitrary, capricious, or abuse of discretion
☐ Contrary to constitutional right, power, privilege, or immunity
☐ In excess of statutory jurisdiction, authority, or limitations
☐ Without observance of procedure required by law
☐ Unsupported by substantial evidence

Supporting facts: [________________________________]

Issue 2: [________________________________]

☐ Arbitrary, capricious, or abuse of discretion
☐ Contrary to constitutional right
☐ In excess of statutory jurisdiction
☐ Without observance of required procedure
☐ Unsupported by substantial evidence

Supporting facts: [________________________________]

Issue 3: [________________________________]

☐ Arbitrary, capricious, or abuse of discretion
☐ Contrary to constitutional right
☐ In excess of statutory jurisdiction
☐ Without observance of required procedure
☐ Unsupported by substantial evidence

Supporting facts: [________________________________]

PART FIVE: GROUNDS FOR APPEAL — DETAILED ANALYSIS

A. Unsupported by Substantial Evidence

The Board's findings are not supported by substantial evidence because:

☐ The evidence was insufficient to prove the charged violations
☐ The Board credited unreliable testimony over contradictory documentary evidence
☐ The Board ignored exculpatory or mitigating evidence
☐ The expert testimony was insufficient or methodologically flawed
☐ The Board's factual findings are internally inconsistent
☐ Other: [________________________________]

B. Arbitrary, Capricious, or Abuse of Discretion

The Board's decision was arbitrary, capricious, or an abuse of discretion in that:

☐ The decision has no rational basis in the record
☐ The Board failed to consider all relevant factors
☐ The Board gave improper weight to irrelevant factors
☐ The sanction imposed is grossly disproportionate to the misconduct
☐ The Board's decision is inconsistent with its treatment of similarly situated licensees
☐ Other: [________________________________]

C. Contrary to Constitutional Right

The Board's action is contrary to constitutional right in that:

☐ Due process — inadequate notice or opportunity to be heard (Ind. Const. Art. 1, § 12)
☐ Due process — biased or prejudged tribunal
☐ Equal protection — disparate treatment (Ind. Const. Art. 1, § 23)
☐ Vagueness — the regulation or standard applied is unconstitutionally vague
☐ Other: [________________________________]

D. In Excess of Statutory Authority

The Board's action exceeded its statutory authority in that:

☐ The Board applied a statute or rule that does not apply to Petitioner's profession
☐ The Board imposed a sanction not authorized by statute (IC [____])
☐ The Board exceeded the scope of its jurisdiction
☐ The Board acted beyond the powers delegated to it by the General Assembly
☐ Other: [________________________________]

E. Without Observance of Required Procedure

The Board failed to observe procedures required by law in that:

☐ Petitioner did not receive adequate notice of the charges
☐ Petitioner was denied the right to present evidence or cross-examine witnesses
☐ The hearing was not conducted in accordance with AOPA (IC 4-21.5-3)
☐ The Board failed to follow its own procedural rules
☐ The Board considered ex parte communications
☐ A Board member with a conflict of interest participated in the decision
☐ The Board failed to issue written findings of fact, conclusions of law, and a nonfinal order or final order as required
☐ Other: [________________________________]

F. Disproportionate Sanction

☐ The Board failed to consider mitigating factors
☐ The sanction is harsher than warranted by precedent or Board guidelines
☐ The Board failed to consider alternatives to [revocation / suspension]
☐ The Board failed to consider Petitioner's rehabilitation or remedial measures
☐ Other: [________________________________]

PART SIX: HEARING PROCEDURES — INDIANA PLA BOARD PROCESS

A. Overview of PLA Disciplinary Process

The Indiana Professional Licensing Agency (PLA) manages three types of litigation related to licensees:

1. Initial Discipline. Investigation and prosecution of complaints against licensees for violations of applicable statutes and rules.
2. Review of Licensure Decision. Review of denied or conditionally granted license applications.
3. Post-Discipline. Petitions for reinstatement, modification of probation, and other post-discipline matters.

B. Contested Case Hearing Procedures (IC 4-21.5-3)

1. Administrative Complaint. The Board, through the Office of Litigation Management, files an administrative complaint against the licensee.

2. Notice. The licensee receives notice of the charges and the opportunity for a hearing.

3. Answer. The licensee may file a written response to the charges.

4. Discovery. Limited discovery is available under AOPA, including depositions, interrogatories, and requests for production.

5. Prehearing Conference. The Board or its designee may schedule prehearing conferences.

6. Hearing. The PLA Board itself acts as the administrative law judge and conducts the hearing. Board members hear evidence, examine witnesses, and render the decision.

7. Evidence. Witnesses are sworn and subject to cross-examination. Both parties may present documentary evidence, call witnesses, and make legal arguments.

8. Final Order. The Board issues its Final Order with findings of fact, conclusions of law, and the sanction imposed (if any).

9. Rehearing. A party may petition for rehearing under AOPA. The petition must be filed within the applicable time period.

C. Disciplinary Actions Available Under IC 25-1-9

☐ Revocation of license
☐ Suspension of license (definite or indefinite)
☐ Probation (with or without conditions)
☐ Censure or reprimand
☐ Civil penalty / Fine
☐ Refusal to issue, renew, or reinstate a license
☐ Placement of conditions or restrictions on practice
☐ Requiring completion of continuing education
☐ Requiring completion of remedial education or training
☐ Other appropriate discipline

D. Rules of Evidence

☐ Rules of evidence as applied in civil nonjury cases generally apply
☐ Hearsay may be admitted if it is the type commonly relied upon by prudent persons
☐ Documentary evidence may be received in copies or excerpts
☐ The Board may take official notice of judicially cognizable facts
☐ The Board bears the burden of proving the charges by a preponderance of the evidence

E. Board as Decision Maker

A unique feature of Indiana's system is that the PLA Board acts as both the fact-finder and the decision-maker. There is no separate ALJ or hearing officer. Board members:

☐ Preside over the hearing
☐ Hear and evaluate testimony
☐ Make credibility determinations
☐ Apply the law to the facts
☐ Determine the appropriate sanction

PART SEVEN: STANDARD OF REVIEW — DETAILED GUIDANCE

IC 4-21.5-5-14 — Scope of Judicial Review

No De Novo Trial. Under IC 4-21.5-5-14, the court shall not try the cause de novo. The court reviews the agency's record.

Substantial Evidence Standard. The court examines whether the agency's factual findings are supported by "substantial evidence" — evidence that a reasonable mind would accept as adequate to support the conclusion. The court considers the record as a whole.

Arbitrary and Capricious Standard. The court reviews whether the agency's decision was arbitrary, capricious, or an abuse of discretion. A decision is arbitrary if it was made without consideration of relevant facts and circumstances, or if it reflects the agency's will rather than its judgment.

Legal Questions. The court reviews questions of law de novo, including whether the agency correctly interpreted the applicable statutes and rules.

Procedural Compliance. The court examines whether the agency observed all required procedures.

Burden on Petitioner. The petitioner bears the burden of demonstrating that the agency erred. The agency's decision is presumed to be correct.

Deference to Board Expertise. Indiana courts give deference to the professional licensing board's expertise in evaluating evidence within its specialized field, particularly on questions of professional standards and the appropriate sanction.

PART EIGHT: REINSTATEMENT / RESTORATION PETITION

PETITION FOR REINSTATEMENT OF PROFESSIONAL LICENSE

To: [________________________________] Board
c/o Indiana Professional Licensing Agency
402 West Washington Street, Room W072
Indianapolis, Indiana 46204

Petitioner [________________________________] hereby petitions the [________________________________] Board for reinstatement of [his/her/their] [________________________________] license, License No. [____], and states:

1. Prior Disciplinary Action. On [__/__/____], the Board entered a Final Order [revoking / suspending] Petitioner's license based upon findings of [________________________________].

2. Period of Discipline. Petitioner's license has been [revoked / suspended] since [__/__/____], a period of [____] [months/years].

3. Eligibility. Petitioner is eligible to apply for reinstatement pursuant to [the Board's Final Order / IC 25-1-9 / Board rules / IC [____]].

4. Compliance with Conditions. Petitioner has fully complied with all conditions imposed by the Board, including:
   ☐ Completion of required continuing education: [________________________________]
   ☐ Completion of remedial coursework or training: [________________________________]
   ☐ Payment of all fines, costs, and restitution: $[____]
   ☐ Completion of counseling, treatment, or rehabilitation: [________________________________]
   ☐ Supervised practice or mentorship: [________________________________]
   ☐ Other: [________________________________]

5. Rehabilitation and Fitness. Petitioner is rehabilitated and fit to return to practice because [________________________________].

6. Character References. Attached are [____] character reference letters from [________________________________].

7. Current Good Standing.
   ☐ No criminal convictions since the disciplinary order
   ☐ No pending criminal charges
   ☐ No disciplinary actions in other jurisdictions
   ☐ No substance abuse issues (or successful completion of treatment)
   ☐ Maintained current professional knowledge

8. Reinstatement Hearing. Petitioner understands that reinstatement is at the discretion of the Board and that a hearing may be required.

WHEREFORE, Petitioner respectfully requests that the Board reinstate [his/her/their] license [with conditions / without conditions].

_________________________________
Petitioner / Attorney for Petitioner
Dated: [__/__/____]

PART NINE: COMMON INDIANA PLA LICENSING BOARDS DIRECTORY

Indiana Professional Licensing Agency (PLA) General Contact:

• Address: 402 West Washington Street, Room W072, Indianapolis, IN 46204
• Phone: (317) 234-2060
• Website: https://www.in.gov/pla/
• Litigation Information: https://www.in.gov/pla/licensure-discipline/

PART TEN: DOCUMENT CHECKLIST

Before Filing Petition for Judicial Review

☐ Confirmed final order has been received and date of service noted
☐ Determined whether petition for rehearing is appropriate
☐ Calculated 30-day filing deadline under IC 4-21.5-5-5: Deadline is [__/__/____]
☐ Verified exhaustion of all administrative remedies (IC 4-21.5-5-4)
☐ Determined proper venue (Marion County or county of residence/business)
☐ Obtained copy of Board's Final Order
☐ Obtained transcript of hearing (if available)
☐ Prepared Petition for Judicial Review
☐ Prepared Certificates of Service
☐ Calculated filing fee and prepared payment

Filing and Service

☐ Filed Petition with Clerk of the [Circuit / Superior] Court
☐ Served copy on Respondent Board / PLA at its principal office
☐ Served copy on the Indiana Attorney General
☐ Filed proof of service with the Court
☐ Requested certified agency record be transmitted to the Court (IC 4-21.5-5-13)
☐ Received file-stamped copy of Petition

Stay Proceedings (if applicable)

☐ Prepared Motion for Stay under IC 4-21.5-5-11
☐ Prepared supporting affidavit or declaration
☐ Filed Motion with the Court
☐ Served Motion on Respondent Board and Attorney General
☐ Attended hearing on stay motion (if required)

Post-Filing

☐ Confirmed agency's transmission of certified record
☐ Reviewed record for completeness
☐ Filed any objections to record
☐ Prepared opening brief per Court scheduling order
☐ Filed opening brief
☐ Received and reviewed Respondent's answering brief
☐ Filed reply brief (if permitted)
☐ Attended oral argument (if scheduled)

PART ELEVEN: PRACTICE TIPS FOR INDIANA LICENSING APPEALS

Timing and Deadlines

1. 30-Day Filing Deadline. The petition for judicial review must be filed within 30 days after the date the person receives notice of the agency's final order. IC 4-21.5-5-5. This deadline is jurisdictional.

2. Exhaustion. Under IC 4-21.5-5-4, a person must exhaust all administrative remedies before seeking judicial review. This includes participating in the Board hearing and, if applicable, petitioning for rehearing.

3. Rehearing. Filing a petition for rehearing may toll the 30-day deadline for judicial review. Confirm current case law on the tolling effect of rehearing petitions.

Indiana-Specific Considerations

4. Board as ALJ. Indiana's PLA Boards act as the administrative law judge in disciplinary proceedings. Unlike many states, there is no separate ALJ or hearing officer. This means the Board both prosecutes (through the Office of Litigation Management) and adjudicates. Consider whether this dual role raises due process concerns in your case.

5. Office of Litigation Management. PLA's Office of Litigation Management manages the prosecution of disciplinary cases. The Attorney General's office may also be involved.

6. Three Types of PLA Litigation. PLA handles initial discipline, review of licensure decisions, and post-discipline matters. Understand which type of proceeding applies to your case.

Strategic Considerations

7. Venue Selection. Petitioner may file in Marion County (where PLA is headquartered) or in the county of Petitioner's residence or principal place of business. Consider whether a local court may be more sympathetic than the Marion County court.

8. Record Preservation. Because the Board acts as the ALJ, ensure that all objections, offers of proof, and legal arguments are made clearly on the record during the Board hearing. Issues not raised before the Board are generally waived.

9. Substantial Evidence Standard. The substantial evidence standard is deferential but not a rubber stamp. Focus on demonstrating that the record as a whole does not support the Board's conclusions, rather than merely arguing that the evidence could support a different conclusion.

10. Stay Pending Review. Under IC 4-21.5-5-11, the court may stay the agency's order pending judicial review. Consider filing the stay motion simultaneously with the petition for review, as the disciplinary action takes effect immediately upon issuance of the final order.

11. Appeal to Court of Appeals. From the trial court, appeal lies to the Indiana Court of Appeals and then to the Indiana Supreme Court. The appellate court reviews the agency's decision directly under the IC 4-21.5-5-14 standards.

12. Settlement Considerations. At any stage, consider whether a negotiated resolution (consent order, agreed order) with the Board may achieve a better outcome than contested litigation.

PART TWELVE: SOURCES AND REFERENCES

Statutes

• Indiana Administrative Orders and Procedures Act: IC 4-21.5
• Judicial Review: IC 4-21.5-5
• Adjudicative Proceedings: IC 4-21.5-3
• Orders: IC 4-21.5-4
• Professions and Occupations: IC Title 25
• General Provisions — Regulated Occupations: IC 25-1
• Proceedings Before Licensing Boards: IC 25-1-9
• Standards of Practice: IC 25-1-11

Court and Agency Resources

• Indiana Professional Licensing Agency: https://www.in.gov/pla/
• PLA Licensure and Discipline: https://www.in.gov/pla/licensure-discipline/
• PLA Litigation Search: https://www.in.gov/ai/appfiles/pla-litigation/
• Indiana Judiciary: https://www.in.gov/courts/
• Indiana Attorney General: https://www.in.gov/attorneygeneral/

Administrative Rules

• 844 IAC (PLA administrative rules for individual boards)
• Indiana Trial Rules

This template is provided for informational purposes only and does not constitute legal advice. Professional licensing disciplinary proceedings can have serious consequences for your livelihood and career. You should consult with a qualified Indiana attorney experienced in administrative law and professional licensing defense before using this template. Laws and procedures may change; verify all citations and requirements before filing.