Stay of Enforcement Request - Indiana

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STAY OF ENFORCEMENT REQUEST

STATE OF INDIANA — ADMINISTRATIVE PROCEEDING


TABLE OF CONTENTS

  1. Stay Request Cover Letter
  2. Petition for Stay of Agency Order (Administrative Level)
  3. Statement of Facts
  4. Legal Standard for Stay Under Indiana Law
  5. Grounds Analysis (Administrative and Judicial Stay Standards)
  6. Bond/Security Provisions
  7. Emergency Stay Procedures
  8. Petition for Stay Pending Judicial Review (Court Level)
  9. Opposition Response Template
  10. Proposed Orders on Stay
  11. Appeal of Stay Denial
  12. Document Checklist
  13. Practice Tips
  14. Sources and References

1. STAY REQUEST COVER LETTER

[__/__/____]

[________________________________]
[Title/Position]
[Agency Name]
[________________________________]
[City], Indiana [____]

Via: ☐ Personal Delivery ☐ Certified Mail ☐ Electronic Filing

Re: Petition for Stay of Agency Order
Administrative Cause No.: [________________________________]
Petitioner: [________________________________]
Agency Order Dated: [__/__/____]

Dear [________________________________]:

Enclosed please find the Petition for Stay of Agency Order filed on behalf of [________________________________] ("Petitioner") pursuant to Indiana Code § 4-21.5-3-6. Petitioner respectfully requests that the [Agency Name] stay the effectiveness of its [Order/Decision/Final Order] dated [__/__/____] pending [☐ administrative review ☐ judicial review] of the agency action.

Petitioner requests a preliminary hearing on this Petition as soon as practicable, as required by IC 4-21.5-3-6.

Respectfully submitted,

[________________________________]
Attorney for Petitioner
Indiana Attorney No. [________________________________]
[________________________________]
[________________________________]
[City], Indiana [____]
Telephone: [________________________________]
Email: [________________________________]


2. PETITION FOR STAY OF AGENCY ORDER (ADMINISTRATIVE LEVEL)

BEFORE THE [AGENCY NAME]
STATE OF INDIANA


In the Matter of:

[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.


Administrative Cause No.: [________________________________]

PETITION FOR STAY OF EFFECTIVENESS OF ORDER

COMES NOW Petitioner [________________________________], by and through [counsel / pro se], and pursuant to Indiana Code § 4-21.5-3-6, hereby petitions the [Agency Name] for a stay of the effectiveness of its [Order/Decision/Final Order] dated [__/__/____] (the "Order"), and in support thereof states as follows:

I. JURISDICTION AND AUTHORITY

  1. This Petition is filed pursuant to Indiana Code § 4-21.5-3-6, which provides that if a petition for review of an order is filed within the prescribed period and a petition for stay of effectiveness of the order is filed, an administrative law judge shall, as soon as practicable, conduct a preliminary hearing to determine whether the order should be stayed in whole or in part.

  2. Petitioner filed a Petition for [Administrative Review / Review of Initial Order] on [__/__/____], within the time prescribed by [IC 4-21.5-3-29 / applicable statute].

  3. This Petition for Stay is filed concurrently with [or subsequent to] the Petition for Review and is therefore timely under IC 4-21.5-3-6.

  4. The [Agency Name] has authority to stay the effectiveness of its own order through its administrative law judge pursuant to IC 4-21.5-3-6.

II. NATURE OF THE AGENCY ORDER

  1. On [__/__/____], the [Agency Name] issued its [Final Order / Initial Order / Emergency Order] in the above-referenced matter, which:

☐ Revoked Petitioner's [license/permit/certification/registration] No. [________________________________]
☐ Suspended Petitioner's [license/permit/certification/registration] for [____] days/months
☐ Imposed a civil penalty of $[________________________________]
☐ Ordered Petitioner to [________________________________]
☐ Denied Petitioner's application for [________________________________]
☐ Imposed sanctions or conditions including: [________________________________]
☐ Other: [________________________________]

  1. The Order became effective on [__/__/____] [or is scheduled to become effective on [__/__/____]].

III. REQUEST FOR PRELIMINARY HEARING

  1. Pursuant to IC 4-21.5-3-6, Petitioner respectfully requests that the administrative law judge schedule a preliminary hearing as soon as practicable to determine whether the Order should be stayed in whole or in part.

  2. Petitioner acknowledges that the burden of proof at the preliminary hearing is on the person seeking the stay, as provided by IC 4-21.5-3-6.


3. STATEMENT OF FACTS

A. Background

  1. [________________________________] is a [individual/business entity] located at [________________________________], [City], Indiana [____], engaged in [________________________________].

  2. Petitioner [holds/held] [license/permit/certification/registration] No. [________________________________] issued by the [Agency Name] since [__/__/____].

  3. [Describe the nature of the regulated activity:]

[________________________________]
[________________________________]
[________________________________]

B. Administrative Proceedings Below

  1. On [__/__/____], the [Agency Name] initiated [enforcement action / proceeding] against Petitioner by [________________________________].

  2. Notice was provided to Petitioner pursuant to IC 4-21.5-3-6, which included:
    ☐ A short and plain statement of the issues
    ☐ The names of the parties and the persons to whom notice is being given
    ☐ A reference to the particular statutory or regulatory provisions involved
    ☐ The time and place of the hearing, if then set

  3. A hearing was conducted on [__/__/____] before Administrative Law Judge [________________________________].

  4. The ALJ issued [an initial order / recommended order / final order] on [__/__/____].

  5. [If applicable] Petitioner timely filed a petition for review of the initial order on [__/__/____].

C. Impact of Enforcement

  1. Unless stayed, the Order will result in the following consequences to Petitioner:

[________________________________]
[________________________________]
[________________________________]

  1. These consequences are [immediate / will occur on [__/__/____]] and are [irreversible / difficult to reverse] because:

[________________________________]
[________________________________]


4. LEGAL STANDARD FOR STAY UNDER INDIANA LAW

A. Two-Track Stay System

Indiana provides two distinct mechanisms for obtaining a stay of an administrative order:

Track 1 — Administrative Stay (IC 4-21.5-3-6): A stay sought before the agency's own administrative law judge during the administrative proceedings. This requires a preliminary hearing at which the burden of proof is on the party seeking the stay.

Track 2 — Judicial Stay (IC 4-21.5-5-9): A stay sought from the court during judicial review proceedings. This requires a verified petition, a showing that there is a reasonable probability the order is invalid or illegal, and the posting of a bond.

B. Administrative Stay — IC 4-21.5-3-6

Under IC 4-21.5-3-6:

  1. If a petition for review of an order is filed within the prescribed period and a petition for stay of effectiveness of the order is filed by a party or another person who has a pending petition for intervention, an administrative law judge shall, as soon as practicable, conduct a preliminary hearing.

  2. The purpose of the preliminary hearing is to determine whether the order should be stayed in whole or in part.

  3. The burden of proof is on the person seeking the stay.

  4. The administrative law judge may stay the order in whole or in part.

  5. The order concerning the stay may be issued after the underlying order becomes effective.

C. Licensing Decision Stays — IC 4-21.5-3-5

For licensing decisions, IC 4-21.5-3-5 provides additional provisions:

  1. If the agency proposes to revoke or suspend a license, the licensee may request a stay of the proposed action pending the adjudicative proceeding.

  2. If a timely request for stay is made, the proposed revocation or suspension is automatically stayed until the hearing officer rules on the stay request.

D. Judicial Stay — IC 4-21.5-5-9

Under IC 4-21.5-5-9, a person seeking judicial review may petition for a court-ordered stay if:

  1. The petition concerns a matter other than a tax assessment;
  2. The agency's enabling law does not preclude a stay;
  3. The petition shows a reasonable probability that the order is invalid or illegal; and
  4. A bond is filed that is:
    - Conditioned upon due prosecution of the review proceeding;
    - Conditioned upon payment of all court costs; and
    - Conditioned upon compliance with the agency's order if it is not set aside.

  5. The bond must be in an amount and with surety approved by the court, with a minimum amount of $500.

E. Scope of Stay

The administrative law judge or court may stay the order:

  • In whole
  • In part (staying only certain provisions while allowing others to remain in effect)
  • Subject to conditions

5. GROUNDS ANALYSIS

A. Administrative Stay (IC 4-21.5-3-6) — Petitioner's Burden

  1. Petitioner meets the burden of proof for an administrative stay because:

The Order Should Be Stayed in Whole Because:

☐ The underlying order is likely to be reversed or modified on review because:
[________________________________]
[________________________________]

☐ Enforcement of the order pending review will cause irreparable harm to Petitioner, including:
[________________________________]
[________________________________]

☐ The balance of harm favors a stay because:

  • Harm to Petitioner if no stay: [________________________________]
  • Harm to Agency/public if stay is granted: [________________________________]
  • Net balance: [________________________________]

☐ The public interest supports a stay because:
[________________________________]
[________________________________]

Alternatively, the Order Should Be Partially Stayed as Follows:

☐ The following provisions should be stayed: [________________________________]
☐ The following provisions should remain in effect: [________________________________]
☐ Reason for partial stay: [________________________________]

B. Judicial Stay (IC 4-21.5-5-9) — Required Showings

  1. There is a reasonable probability that the order is invalid or illegal because:

Invalid — Procedural Defects:
[________________________________]
[________________________________]

Invalid — Unsupported by Evidence:
[________________________________]
[________________________________]

Illegal — Exceeds Statutory Authority:
[________________________________]
[________________________________]

Illegal — Violates Constitutional Rights:
[________________________________]
[________________________________]

Illegal — Violates Applicable Statutes or Regulations:
[________________________________]
[________________________________]

  1. Petitioner will file a bond conditioned upon:

a. Due prosecution of the judicial review proceeding
b. Payment of all court costs
c. Compliance with the agency's order if it is not set aside

  1. Petitioner proposes a bond in the amount of $[________________________________], which meets the statutory minimum of $500 and is appropriate because:

[________________________________]
[________________________________]

C. Evidence in Support of Stay

  1. Petitioner submits the following evidence in support of the stay request:

☐ Affidavit of [________________________________] (attached as Exhibit [____])
☐ Financial records demonstrating harm (attached as Exhibit [____])
☐ Business records showing impact (attached as Exhibit [____])
☐ Expert opinion of [________________________________] (attached as Exhibit [____])
☐ Other: [________________________________] (attached as Exhibit [____])


6. BOND/SECURITY PROVISIONS

A. Statutory Bond Requirements (IC 4-21.5-5-9)

For judicial stays, Indiana law requires:

  1. Minimum Bond Amount: $500 (IC 4-21.5-5-9)

  2. Bond Conditions: The bond must be conditioned upon:
    a. Due prosecution of the review proceeding
    b. Payment of all court costs
    c. Compliance with the agency's order if it is not set aside

  3. Surety Requirements: The bond must be in an amount and with surety approved by the court.

B. Proposed Bond

  1. Petitioner proposes the following bond:

Surety Bond in the amount of $[________________________________]
Surety Company: [________________________________]
Cash Bond in the amount of $[________________________________]
Minimum Statutory Bond of $500 because:
[________________________________]
Other Security: [________________________________]

C. Bond Amount Justification

  1. The proposed bond amount is appropriate because:

☐ It meets the statutory minimum of $500
☐ It adequately covers anticipated court costs
☐ It is sufficient to ensure compliance if the order is upheld
☐ A higher bond would impose undue financial hardship on Petitioner because:
[________________________________]
☐ Other: [________________________________]

D. Administrative Stay Conditions

  1. For the administrative stay, Petitioner proposes the following conditions:

☐ Petitioner will maintain all current insurance coverage
☐ Petitioner will comply with all other regulatory requirements not at issue
☐ Petitioner will submit to periodic inspections or monitoring
☐ Petitioner will refrain from [________________________________]
☐ Petitioner will file periodic reports with the agency
☐ Other: [________________________________]


7. EMERGENCY STAY PROCEDURES

A. Emergency Stay Under IC 4-21.5-3-6

BEFORE THE [AGENCY NAME]
STATE OF INDIANA

In the Matter of:
[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Administrative Cause No.: [________________________________]

EMERGENCY PETITION FOR STAY OF EFFECTIVENESS

COMES NOW Petitioner and requests an emergency stay of the [Order/Decision] dated [__/__/____] pending the preliminary hearing required by IC 4-21.5-3-6:

  1. The Order [has taken / will take] effect on [__/__/____].

  2. Immediate and irreparable harm will result if the Order is not stayed on an emergency basis because:
    [________________________________]
    [________________________________]

  3. There is insufficient time to await a scheduled preliminary hearing because:
    [________________________________]

  4. Petitioner requests the administrative law judge enter a temporary stay to preserve the status quo until the preliminary hearing can be conducted.

B. Emergency Judicial Stay

  1. If the agency has not acted or has denied an emergency stay, Petitioner may seek an emergency judicial stay under IC 4-21.5-5-9 by:

☐ Filing a verified petition for stay in the court where judicial review is pending
☐ Providing the bond required by statute ($500 minimum)
☐ Demonstrating a reasonable probability that the order is invalid or illegal
☐ Requesting an expedited hearing

C. Response to Emergency Agency Action

  1. If the agency issued an emergency order under IC 4-21.5-4 (Emergency and Other Temporary Orders):

☐ Emergency orders may be issued without notice if the agency finds imminent danger to public health, safety, or welfare
☐ Emergency orders are effective immediately upon issuance
☐ The agency must provide an opportunity for a hearing within a reasonable time
☐ Petitioner should request an expedited hearing and simultaneous stay


8. PETITION FOR STAY PENDING JUDICIAL REVIEW (COURT LEVEL)

IN THE [________________________________] COURT
[________________________________] COUNTY, STATE OF INDIANA


[________________________________],

Petitioner,

v.

[AGENCY NAME],

Respondent.


Cause No.: [________________________________]

VERIFIED PETITION FOR STAY OF AGENCY ORDER PENDING JUDICIAL REVIEW

COMES NOW Petitioner [________________________________], by and through [counsel / pro se], and pursuant to Indiana Code § 4-21.5-5-9, hereby files this Verified Petition for Stay of the [Agency Name]'s [Order/Decision] dated [__/__/____] pending judicial review, and states under oath:

I. JURISDICTIONAL REQUIREMENTS

  1. This Court has jurisdiction over this judicial review proceeding pursuant to IC 4-21.5-5-1 et seq.

  2. Petitioner filed a Petition for Judicial Review on [__/__/____] pursuant to IC 4-21.5-5-7.

  3. This Petition for Stay concerns a matter other than a tax assessment, as required by IC 4-21.5-5-9.

  4. The agency's enabling law [does not preclude / is silent regarding] a stay of the agency order.

II. REASONABLE PROBABILITY OF INVALIDITY OR ILLEGALITY

  1. There is a reasonable probability that the order is invalid or illegal because:

[________________________________]
[________________________________]
[________________________________]

III. BOND

  1. Petitioner has filed [or concurrently files] a bond in the amount of $[________________________________], which:

a. Is conditioned upon due prosecution of the review proceeding;
b. Is conditioned upon payment of all court costs;
c. Is conditioned upon compliance with the agency's order if it is not set aside;
d. Meets the statutory minimum of $500; and
e. Is in an amount and with surety subject to the Court's approval.

IV. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court enter an order staying the [Agency Name]'s [Order/Decision] dated [__/__/____] pending the Court's decision on judicial review.

VERIFICATION

I, [________________________________], state under the penalties for perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[Petitioner / Attorney for Petitioner]

Dated: [__/__/____]


9. OPPOSITION RESPONSE TEMPLATE

BEFORE THE [AGENCY / COURT]
STATE OF INDIANA

In the Matter of:
[________________________________], Petitioner,
v.
[AGENCY NAME], Respondent.

Cause No.: [________________________________]

RESPONSE IN OPPOSITION TO PETITION FOR STAY

COMES NOW [Agency Name], by and through [________________________________], and responds in opposition to Petitioner's [Petition for Stay of Effectiveness / Verified Petition for Stay Pending Judicial Review]:

I. PETITIONER HAS NOT MET THE BURDEN OF PROOF

  1. [For Administrative Stay] Petitioner bears the burden of proof under IC 4-21.5-3-6 and has failed to demonstrate:
    [________________________________]

  2. [For Judicial Stay] Petitioner has failed to show a reasonable probability that the order is invalid or illegal because:
    [________________________________]

II. THE ORDER IS VALID AND LAWFUL

  1. The Order was issued in accordance with proper procedures and is supported by:
    [________________________________]

  2. The agency acted within its statutory authority under:
    [________________________________]

III. PUBLIC INTEREST OPPOSES A STAY

  1. The public interest requires enforcement because:
    [________________________________]

IV. BOND IS INADEQUATE (If Applicable)

  1. The proposed bond is inadequate because:
    [________________________________]

  2. The Agency requests a bond of at least $[________________________________].

WHEREFORE, Respondent requests this [Court/ALJ] deny the Petition for Stay.

Dated: [__/__/____]

[________________________________]
Counsel for [Agency Name]


10. PROPOSED ORDERS ON STAY

A. Administrative Level Order

BEFORE THE [AGENCY NAME]
STATE OF INDIANA

Administrative Cause No.: [________________________________]

ORDER ON PETITION FOR STAY OF EFFECTIVENESS

This matter coming before the undersigned Administrative Law Judge on the Petition for Stay of Effectiveness filed by [________________________________] pursuant to IC 4-21.5-3-6, a preliminary hearing having been conducted on [__/__/____], the ALJ having considered the evidence and arguments;

IT IS HEREBY ORDERED:

STAY GRANTED. The [Order/Decision] dated [__/__/____] is STAYED [in whole / in part as follows: ________________________________] pending [resolution of the administrative review / further order].

Conditions:
a. [________________________________]
b. [________________________________]

STAY DENIED. The Petition for Stay is DENIED. The Order remains in full force and effect.

PARTIAL STAY. The following provisions of the Order are stayed: [________________________________]. The remaining provisions remain in effect.

DATED: [__/__/____]

___________________________________
Administrative Law Judge

B. Judicial Level Order

IN THE [________________________________] COURT
[________________________________] COUNTY, STATE OF INDIANA

Cause No.: [________________________________]

ORDER ON VERIFIED PETITION FOR STAY PENDING JUDICIAL REVIEW

This matter coming before the Court on the Verified Petition for Stay filed pursuant to IC 4-21.5-5-9;

The Court finds:

☐ Petitioner has demonstrated a reasonable probability that the order is invalid or illegal.
☐ Petitioner has filed an adequate bond in the amount of $[________________________________].
☐ The agency's enabling law does not preclude a stay.
☐ This matter does not involve a tax assessment.

IT IS HEREBY ORDERED:

STAY GRANTED. The [Order/Decision] of the [Agency Name] dated [__/__/____] is STAYED pending the Court's decision on judicial review, upon the filing of a bond in the amount of $[________________________________] with surety approved by the Court.

STAY DENIED. The Petition for Stay is DENIED.

ENTERED: [__/__/____]

___________________________________
Judge, [________________________________] Court


11. APPEAL OF STAY DENIAL

A. Administrative Stay Denial

If the ALJ denies the administrative stay under IC 4-21.5-3-6:

  1. Seek Judicial Review Stay: Proceed directly to court under IC 4-21.5-5-9 for a judicial stay pending review.

  2. Interlocutory Appeal: Consider whether the denial is subject to interlocutory appeal under applicable Indiana appellate rules.

B. Judicial Stay Denial

If the court denies the judicial stay under IC 4-21.5-5-9:

  1. Indiana Court of Appeals: File a motion for stay pending appeal with the Indiana Court of Appeals under Indiana Appellate Rule 18.

  2. Indiana Supreme Court: If the Court of Appeals denies the stay, a petition for a stay may be filed with the Indiana Supreme Court.

  3. Motion for Reconsideration: Before pursuing appellate relief, consider filing a motion for reconsideration with the trial court based on:
    ☐ New evidence or changed circumstances
    ☐ Legal arguments not previously addressed
    ☐ Errors in the court's analysis

C. License Revocation/Suspension Stays

For license-related orders, if a stay is ordered under IC 4-21.5-5-9, the stay is effective during the period of review, any appeal from the review, and until the review is finally determined, unless otherwise ordered by the court.


12. DOCUMENT CHECKLIST

Administrative Stay Filing (IC 4-21.5-3-6)

☐ Petition for Stay of Effectiveness of Order
☐ Cover letter to agency
☐ Petition for Administrative Review (filed concurrently or previously)
☐ Copy of the Order being challenged
☐ Supporting affidavits or declarations
☐ Supporting exhibits
☐ Certificate of Service on all parties

Judicial Stay Filing (IC 4-21.5-5-9)

☐ Verified Petition for Stay Pending Judicial Review
☐ Petition for Judicial Review (filed previously)
☐ Bond in the minimum amount of $500 (or greater)
☐ Bond conditioned upon:
☐ Due prosecution of review proceeding
☐ Payment of all court costs
☐ Compliance with order if not set aside
☐ Copy of the Order being challenged
☐ Administrative record or relevant excerpts
☐ Supporting affidavits or declarations
☐ Proposed Order on Stay
☐ Certificate of Service

Supporting Documentation

☐ Financial records demonstrating harm
☐ Business records showing impact
☐ Expert reports or opinions
☐ Statutory and regulatory citations
☐ Relevant case law
☐ Insurance certificates (if proposing conditions)
☐ Prior agency correspondence regarding stay

Timeline Tracking

☐ Date Order issued: [__/__/____]
☐ Date Order becomes effective: [__/__/____]
☐ Date Petition for Review filed: [__/__/____]
☐ Date Petition for Stay filed: [__/__/____]
☐ Preliminary hearing date (IC 4-21.5-3-6): [__/__/____]
☐ Date Petition for Judicial Review filed: [__/__/____]
☐ Bond posted: [__/__/____]
☐ Court hearing on stay: [__/__/____]


13. PRACTICE TIPS

Indiana-Specific Considerations

  1. Two-Track System: Indiana uniquely provides for both administrative-level stays (IC 4-21.5-3-6) and judicial-level stays (IC 4-21.5-5-9). Practitioners should consider which track is more advantageous given the circumstances.

  2. Burden of Proof on Movant: Under IC 4-21.5-3-6, the burden of proof is explicitly placed on the person seeking the stay. Be prepared with strong evidence at the preliminary hearing.

  3. Mandatory Preliminary Hearing: The ALJ is required to conduct a preliminary hearing "as soon as practicable" on a stay petition filed under IC 4-21.5-3-6. If the ALJ delays, file a motion to compel the hearing.

  4. Bond Requirement for Judicial Stays: IC 4-21.5-5-9 requires a bond with a minimum of $500. The court has discretion to set the bond higher. Be prepared to argue for a reasonable bond amount.

  5. Three Bond Conditions: The statutory bond must be conditioned on: (1) due prosecution of the review, (2) payment of court costs, and (3) compliance with the order if not set aside. Ensure the bond document contains all three conditions.

  6. Tax Assessment Exception: IC 4-21.5-5-9 does not apply to tax assessments. If the order involves a tax assessment, alternative stay mechanisms may be available under tax-specific statutes.

  7. Agency Preclusion: The judicial stay is available only if "the agency's law does not preclude a stay." Check the agency's enabling statute for any stay-preclusion provisions before filing.

  8. Verified Petition Required: The judicial stay petition must be verified (sworn to under oath). Ensure the verification meets Indiana requirements.

  9. Licensing Stays Extended: For license-related matters, a court-ordered stay under IC 4-21.5-5-9 extends through all levels of review and appeal until the matter is "finally determined."

  10. Post-Effectiveness Stays: Under IC 4-21.5-3-6, the ALJ can issue a stay even after the underlying order has become effective. This means it is not necessarily too late to seek a stay even if the order has already taken effect.

Common Mistakes to Avoid

  • Failing to meet the burden of proof at the preliminary hearing
  • Filing a bond that does not contain all three statutory conditions
  • Assuming a judicial stay is available when the agency's enabling law precludes stays
  • Not verifying the petition for judicial stay
  • Missing the filing window for the petition for review, which is a prerequisite to the stay petition
  • Proposing an inadequate bond amount that the court will reject

14. SOURCES AND REFERENCES

Indiana Statutes

  • IC 4-21.5-3-6 — Notice Required; Stay, Preliminary Hearing, and Resulting Order
  • IC 4-21.5-3-5 — Notice Required; Certain Licensing Decisions; Stays
  • IC 4-21.5-3-4 — Orders; Effective Date
  • IC 4-21.5-5-9 — Stay Pending Judicial Review
  • IC 4-21.5-5-1 — Exclusive Means for Judicial Review
  • IC 4-21.5-5-7 — Petition for Judicial Review; Filing
  • IC 4-21.5-4 — Emergency and Other Temporary Orders

Court Rules

  • Indiana Appellate Rule 18 — Stays Pending Appeal
  • Indiana Trial Rules — Applicable rules for trial court proceedings

Online Resources

  • Indiana General Assembly: https://iga.in.gov/
  • Indiana Courts: https://www.in.gov/courts/
  • Indiana Office of Administrative Law Proceedings: https://www.in.gov/oalp/

This template is intended for use by licensed attorneys in Indiana. It must be customized to the specific facts and circumstances of each case. Legal requirements may change; verify all statutory citations before use. This document does not create an attorney-client relationship.

Last Updated: March 8, 2026

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About This Template

Administrative law covers how you interact with government agencies, from filing a comment on a proposed rule to appealing a denied license or benefit. Agency processes have their own forms, deadlines, and evidence standards that are different from what courts use. Getting the paperwork wrong usually means missing a deadline or losing the right to appeal, so precision in these documents matters as much as it does in a courtroom filing.

Important Notice

This template is provided for informational purposes. It is not legal advice. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.

Last updated: March 2026