Professional Licensing Appeal - Indiana

PROFESSIONAL LICENSING APPEAL — INDIANA

Overview

This packet is for judicial review of a final Indiana Professional Licensing Agency (PLA) Board order. PLA's current guidance states that its Boards govern specific professions, act as administrative law judges in disciplinary and litigation matters, and issue final decisions reviewable under IC 4-21.5-5. Confirm that the challenged decision is final, that AOPA applies, and that no profession-specific statute changes the route before using this packet.

PART ONE: APPEAL COVER LETTER

[__/__/____]

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

[FILING METHOD REQUIRED BY THE CLERK]

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:

☐ Verified Petition for Judicial Review
☐ Filing fee
☐ Certificate of Service upon the ultimate authority and every required recipient
☐ Certificate of Service upon the Indiana Attorney General
☐ Motion for Stay of Agency Order Pending Review (if applicable)
☐ Proposed Order on Stay (if applicable)
☐ Copy of the challenged agency action
☐ Verification signed under Indiana Trial Rule 11(D)

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 the PLA Board or other ultimate authority identified in the challenged final order. Its current mailing address is [________________________________].

2A. The other persons who were parties to the agency proceeding are: [________________________________].

II. JURISDICTION, VENUE, AND TIMELINESS

3. Petitioner initiates judicial review by filing this verified Petition under IC 4-21.5-5-2 and IC 4-21.5-5-7 and has standing because [the final action is specifically directed to Petitioner / other basis under IC 4-21.5-5-3: ________________________________].

4. Venue is proper in this Court pursuant to IC 4-21.5-5-6. [Select applicable basis:]
   ☐ The [circuit / superior] court of [________________________________] County (judicial district where 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)
   ☐ The [circuit / superior] court of [________________________________] County (judicial district where the agency action will be carried out or enforced)
   ☐ 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 proceeding was initiated by [________________________________] under [________________________________].

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

10. The Board acted as the administrative law judge for the disciplinary proceeding, consistent with the PLA's current administrative-procedure guidance.

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:] Petitioner completed the following available administrative-review step before filing: [________________________________].

IV. ISSUES PRESENTED FOR REVIEW

14. Whether the Board's order is unsupported by a preponderance of the 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 a preponderance of the evidence

19. Disputed fact review is confined to the agency record, subject to the narrow additional-evidence provisions of IC 4-21.5-5-12. Under IC 4-21.5-5-11(b), the Court decides questions of law without deference to the agency's prior interpretation.

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. Set aside the challenged agency action;

b. Remand the matter to the Board for further proceedings consistent with the Court's decision;

c. If separately requested and legally available, stay enforcement under IC 4-21.5-5-9;

d. Compel agency action that has been unreasonably delayed or unlawfully withheld, if applicable; 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: [__/__/____]

VERIFICATION

I affirm, under the penalties for perjury, that the foregoing representations are true.

_________________________________
[Petitioner]

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 4-21.5-5-9)

Petitioner [________________________________], by and through undersigned counsel, files this verified petition for a stay of the final order of Respondent [________________________________] pending judicial review under IC 4-21.5-5-9 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. The challenged matter is not an assessment or determination of tax due to the State, and the law governing Respondent does not preclude a judicial stay.

4. Reasonable Probability of Invalidity or Illegality. The Petition for Judicial Review and this verified stay petition show a reasonable probability that the challenged order is invalid or illegal because [________________________________].

5. Petitioner will promptly file a bond conditioned on due prosecution of the review, payment of court costs, and compliance with the agency order if it is not set aside, in an amount and with a surety approved by the Court and not less than $500.

6. The law governing Respondent permits a court stay of this [revocation / suspension / other order]: [________________________________].

7. Additional facts supporting the requested terms of the stay are: [________________________________].

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: [__/__/____]

VERIFICATION

I affirm, under the penalties for perjury, that the foregoing representations are true.

_________________________________
[Petitioner]

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 a preponderance of the 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 a preponderance of the 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 a preponderance of the evidence

Supporting facts: [________________________________]

PART FIVE: GROUNDS FOR APPEAL — DETAILED ANALYSIS

A. Unsupported by a Preponderance of the Evidence

The Board's action is unsupported by a preponderance of the 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
☐ Due process — biased or prejudged tribunal
☐ Equal protection — disparate treatment
☐ 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 applicable AOPA and Board procedures
☐ 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

1. Initiating Pleading. Identify the actual initiating pleading, filing party, statutory authority, service, and response requirements from the agency record.

2. Notice and Response. Use the actual notice and scheduling order to identify the charges, response deadline, service method, and hearing rights.

3. Pleadings. PLA's current guidance requires litigation pleadings to use its stated formatting and filing process; confirm the current webform and case-specific orders before submission.

4. Discovery. PLA's current guidance states that parties may obtain discovery under Indiana Trial Rules 26 through 37 and that discovery disputes are heard by a single administrative law judge.

5. Prehearing Conference. PLA's current guidance states that parties are entitled to a prehearing conference with a Board member and the Board Director; follow its current timing and submission instructions.

6. Hearing. PLA's current guidance states that PLA Boards act as administrative law judges for disciplinary and litigation actions, while certain matters may be assigned to a single administrative law judge. Confirm the decision maker from the hearing notice and orders.

7. Evidence. Follow the current hearing notice, Board rules, and case-specific orders for witness, exhibit, confidentiality, and filing requirements.

8. Final Order. Identify the exact final agency action, service date, ultimate authority, parties, and any incorporated order or record material.

9. Administrative Review. Before filing in court, identify and timely complete every administrative-review step available for the particular order.

C. Health-Profession Sanctions Under IC 25-1-9-9

Use this list only if IC 25-1-9 governs the profession. Other professions may have different sanction statutes.

☐ Permanent revocation of license
☐ Suspension of license
☐ Censure
☐ Letter of reprimand
☐ Probation with one or more conditions authorized by IC 25-1-9-9(a)(5)
☐ Fine within the current statutory limit for the practitioner or business entity

D. Hearing Record

Use the current hearing notice, applicable Board rules, and case-specific orders to determine exhibit, witness, discovery, burden, and evidentiary requirements. Preserve objections, offers of proof, and the materials necessary for the agency record.

E. Identify the Decision Maker

PLA's current guidance describes the Boards as administrative law judges for disciplinary and litigation actions but also assigns some matters to a single administrative law judge. Complete this section from the actual record:

☐ Presiding administrative law judge identified
☐ Ultimate authority identified
☐ Any recommended or nonfinal order identified
☐ Final order and service date identified
☐ Disqualification or recusal issues preserved, if any

PART SEVEN: STANDARD OF REVIEW — DETAILED GUIDANCE

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

Record Review. Under IC 4-21.5-5-11, disputed fact review is confined to the agency record, supplemented only as IC 4-21.5-5-12 permits.

Preponderance Standard. Under the current IC 4-21.5-5-14(d)(5), relief may be granted when prejudicial agency action is unsupported by a preponderance of the evidence.

Other Statutory Grounds. IC 4-21.5-5-14 also lists arbitrary or capricious action, constitutional error, excess of statutory authority, and failure to observe required procedure.

Legal Questions. Under IC 4-21.5-5-11(b), the court decides all questions of law without deference to the agency's prior interpretation.

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

Burden on Petitioner. Under IC 4-21.5-5-14(a), the party asserting invalidity bears the burden of demonstrating it.

Available Disposition. If the statutory standard is met, IC 4-21.5-5-15 permits the court to set aside the agency action and remand, or to compel action unlawfully withheld or unreasonably delayed.

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. The profession-specific statute, Board rule, and Final Order authorizing this request are: [________________________________]. For a health-profession license governed by IC 25-1-9, § 11 permits reinstatement of a suspended license after a hearing, but § 12 bars reinstatement of a revoked license and delays a new application for seven years.

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. Requested Procedure. Petitioner requests the hearing or other procedure authorized by the governing profession-specific law and Final Order.

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

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

PART NINE: BOARD AND ORDER IDENTIFICATION

Confirm current Board information and filing instructions on the PLA's official Licensure Discipline page before filing.

PART TEN: DOCUMENT CHECKLIST

Before Filing Petition for Judicial Review

☐ Confirmed final order has been received and date of service noted
☐ Identified and completed every available administrative-review step
☐ 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 under every applicable basis in IC 4-21.5-5-6
☐ 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 the ultimate authority; if it has multiple members, served its secretary or chairperson
☐ Served every other ultimate authority that exercised administrative review
☐ Served copy on the Indiana Attorney General
☐ Served every party to the agency proceeding
☐ Filed proof of service with the Court
☐ Calendared the agency's IC 4-21.5-5-13 record-transmittal period
☐ Received file-stamped copy of Petition

Stay Proceedings (if applicable)

☐ Prepared a verified stay petition under IC 4-21.5-5-9
☐ Addressed whether governing law permits or precludes a stay
☐ Prepared a court-approved bond of at least $500
☐ Prepared supporting affidavit or declaration
☐ Filed Motion with the Court
☐ Served the stay filing on all recipients required by the court rules and case orders
☐ 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. Except as otherwise provided, the petition must be filed within 30 days after notice of the challenged agency action was served. IC 4-21.5-5-5. Record the service date and calculate from the governing service rule.

2. Exhaustion. Under IC 4-21.5-5-4, a person must exhaust all administrative remedies available within the agency and any other agency authorized to conduct administrative review.

3. Finality and Route. Identify the final agency action, the ultimate authority, every available administrative-review step, and any profession-specific judicial-review condition before filing.

Indiana-Specific Considerations

4. Board as ALJ. The PLA's current guidance states that PLA Boards act as administrative law judges in disciplinary and litigation actions. Use the actual hearing record and orders to identify who presided and who issued the final order.

5. Office of Litigation Management. The PLA's current guidance states that its Office of Litigation Management manages initial discipline, review of licensure decisions, and post-discipline litigation.

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. IC 4-21.5-5-6 uses the judicial district of the petitioner's residence or principal place of business, the place where the action will be carried out or enforced, or the agency's principal office. Plead the actual basis selected.

8. Issue Preservation. IC 4-21.5-5-10 permits judicial review of an issue not raised before the agency only for its two stated exceptions. Identify where each issue was preserved in the agency record.

9. Current Review Standard. The current IC 4-21.5-5-14 uses "unsupported by a preponderance of the evidence," not the former substantial-evidence formulation. IC 4-21.5-5-11(b) also directs the court to decide legal questions without deference to the agency.

10. Stay Pending Review. IC 4-21.5-5-9, not § 5-11, governs a judicial stay. The request must be verified, the governing law must permit the stay, the filings must show a reasonable probability of invalidity or illegality, and the court-approved bond must be at least $500.

11. Further Appeal. IC 4-21.5-5-16 makes decisions on judicial-review petitions appealable under the rules governing civil appeals from the courts.

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 and Rules

• Judicial review of agency action: IC 4-21.5-5-2 through IC 4-21.5-5-16
• Verification: Indiana Trial Rule 11(D)
• Health-profession sanctions and post-discipline limits, when applicable: IC 25-1-9-9, -11, and -12

Court and Agency Resources

• Indiana Code 2026, judicial review: https://iga.in.gov/ic/2026/Title_4/Article_21.5/Chapter_5.pdf
• Indiana Trial Rule 11: https://rules.incourts.gov/Content/trial/rule11/current.htm
• Indiana Code 2026, health-profession standards: https://iga.in.gov/ic/2026/Title_25/Article_1/Chapter_9.pdf
• PLA Licensure and Discipline: https://www.in.gov/pla/licensure-discipline/
• PLA Administrative Procedure Guidance: https://www.in.gov/pla/licensure-discipline/administrative-procedure/

Case-Specific Authorities to Add

• Governing profession-specific statute: [________________________________]
• Governing Board rule: [________________________________]
• Final Order and incorporated hearing orders: [________________________________]

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.