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  5. How Do I Appeal an Agency Decision? A Brief Summary of Judicial Review

How Do I Appeal an Agency Decision? A Brief Summary of Judicial Review

On Behalf of Dixon & Moseley, P.C. | Apr 3, 2019 | Appellate Practice

Many people are somewhat familiar with the process that lawsuits – whether civil or criminal – go through from the time they are filed to their conclusion. Maybe you’ve learned this in a civics class, you’ve actually been a part of a civil or criminal proceeding (whether as a witness or a party), you’ve gone through a divorce, or you’ve served on a jury. What you may be less familiar with is an administrative proceeding. Administrative proceedings can take a number of different forms, so it can be helpful to identify several agencies in Indiana with whom you may be familiar. Administrative agencies that many people have some knowledge of include: the Indiana Family & Social Services Administration, the Indiana Bureau of Motor Vehicles, and the Indiana Professional Licensing Agency. Each agency can exercise its authority pursuant to an Indiana law called the Administrative Order and Procedures Act (“AOPA”). Under AOPA, when an agency enters what is called a “final agency action,”1 the affected person or entity may be able to file a petition for judicial review. This blog examines four key points, what that is and some important considerations about judicial review:

Judicial Review is Appellate in Nature. A judicial review is akin to an appeal. What you are doing is filing a petition with a state trial court and taking the position that the agency in question did something to you that was (1) arbitrary, capricious, and/or unlawful, (2) contrary to a constitutional right, (3) outside the agency’s authority, (4) a violation of the procedure that the agency was required to follow, or (5) unsupported by substantial evidence.2 When you file a judicial review, you don’t usually get to present new evidence or have a “trial.” Rather, what occurs after the filing of a petition is that a record is prepared (the documents and evidence submitted and a transcript if a hearing was held), and then the parties file briefs (written arguments) stating their position as to why the final agency decision was wrong or right. A hearing may be held, but these are usually conducted by attorneys – there are usually no witnesses, there is no jury, etc.

Pursuant to AOPA, the Burden to Succeed on a Judicial Review is Difficult. As stated, it is not enough simply to point out that an agency made a mistake to “win” a petition for judicial review. You must show that the agency action was (1) arbitrary, capricious, and/or unlawful, (2) contrary to a constitutional right, (3) outside the agency’s authority, (4) a violation of the procedure that the agency was required to follow, or (5) unsupported by substantial evidence. So, the trial court reviewing the petition will defer to the agency unless one of these five situations is shown.

Timing is Important in Judicial Reviews. Ind. Code § 4-21.4-5-5 provides that a petition for review is timely only if it is filed within thirty (30) days after the date that notice of the agency action was served. If you do not file within this time period, your petition will be dismissed. After you file your petition, you have thirty (30) days to file the agency record.3 If you do not do this in time, your petition will be dismissed.4

You Must Exhaust the Administrative Process to proceed with a Judicial Review. Sometimes, there is a layer of appeal of review within an agency. For example, if an agency does something that is adverse to you, the notification may advise that you can submit a letter of appeal to the commissioner of the agency within a certain time period. If you want to proceed with a judicial review in the future, you must exhaust all of these options in the time manner specified or you waive your right to review.5

The Remedy Available is Usually Remand. If you “win” your judicial review, a trial court can do one of two things after setting aside the agency action: (1) remand the case to the agency for further proceedings, or (2) compel agency action that has been unreasonably delayed or unlawfully withheld. Essentially, judicial review success removes the adverse agency action then places you back in front of the agency for further proceedings.

Dixon & Moseley, P.C. advocates have handled judicial review (sometimes referred to as administrative appeals) matters throughout the state. We hope this blog post help you consider your options if you are the subject of an adverse agency action. This blog is written for general informational purposes and is not intended as legal advice or a solicitation for services. It is an advertisement.

  • An example of a typical proceeding may be the Indiana Family and Social Services Administration denying you certain benefits that you believe you are entitled to under the law or the Indiana Professional Licensing Agency suspending or revoking your professional license (nursing, cosmetology, optometry, pharmacy, real estate, etc.).
  • Ind. Code § 4-21.5-5-14.
  • Ind. Code § 4-21.5-5-13(a).
  • First American Title Ins. Co. v. Robertson, 19 N.E.3d 757, 762-63 (Ind. 2014).
  • Ind. Code § 4-21.5-5-4.
  • How Many Days Do You Have to Appeal in Indiana? (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 15, 2026 | Firm News

    An Indiana appellate lawyer’s guide to Notice of Appeal deadlines, Motions to Correct Error, interlocutory appeals, and common timing mistakes. Quick Answer: How Many Days Do You Have to Appeal a Case in Indiana? In most Indiana appeals from a final judgment, the...

    How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)

    On Behalf of Dixon & Moseley, P.C. | Jul 9, 2026 | Uncategorized

    A practical Indiana appellate lawyer’s guide to Notice of Appeal deadlines, appealable orders, the appellate record, briefing, oral argument, rehearing, and transfer to the Indiana Supreme Court. If you lost a civil case in Indiana, you may wonder whether the trial...

    Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)

    On Behalf of Dixon & Moseley, P.C. | Jul 1, 2026 | Uncategorized

    When a civil case does not go your way in an Indiana trial court, an appeal may provide a path to reversal, but only if certain legal errors occurred. Indiana appellate courts do not retry cases or reweigh evidence. Instead, they review whether the trial court...

    When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)

    On Behalf of Dixon & Moseley, P.C. | Jun 25, 2026 | Uncategorized

    Adoption in Indiana typically requires the consent of a child’s biological parents. However, Indiana law provides several important exceptions where a court may allow an adoption to proceed without a parent’s consent. Understanding these exceptions is critical;...

    Failure to Object: When Is an Issue Waived?

    On Behalf of Dixon & Moseley, P.C. | Jun 9, 2026 | Uncategorized

    An Indiana Litigation Guide for Preserving Error on Appeal In Indiana litigation, one of the most common mistakes a trial lawyer can make is failing to object at the right time and in the right manner. The rule is simple but unforgiving: if you do not properly object, you may waive the issue for appeal. An objection must be timely…

    Waiver on Appeal: The #1 Reason Appeals Lose in Indiana

    On Behalf of Dixon & Moseley, P.C. | Jun 2, 2026 | Uncategorized

    In Indiana appellate practice, many appeals do not fail because the underlying issue lacked merit. They fail because the issue was waived. In plain terms, waiver means the appellate court will not decide an argument because it was not properly preserved in the trial court, properly supported on appeal, or properly presented under the Indiana Rules of Appellate Procedure. Common…

    How to Preserve Error for Appeal in Indiana

    On Behalf of Dixon & Moseley, P.C. | May 28, 2026 | Uncategorized

    Executive Summary There are several things that an attorney can do to ensure that an error is preserved for appeal. Making timely and specific objections and obtaining an explicit ruling from the judge on such objections can ensure that a matter is preserved. If evidence is excluded, the attorney should make offers of proof through questioning the witness outside of…

    Can a mother legally deny parenting time to an unmarried father?

    On Behalf of Dixon & Moseley, P.C. | May 10, 2026 | Uncategorized

    The answer depends on several important legal factors, including paternity, custody orders, and the best interests of the child. An unmarried mother has sole legal custody in Indiana unless a court orders otherwise. An unmarried father does not have enforceable rights until paternity is established by either signing a paternity affidavit or filing a paternity action in court. If paternity…

    What Happens to the House in an Indiana Divorce?

    On Behalf of Dixon & Moseley, P.C. | Apr 23, 2026 | Uncategorized

    Executive Summary A house is considered marital property if it is owned by one or both spouses, even if it was acquired before the marriage. Indiana law presumes that a 50/50 division of marital property is fair, but this presumption can be rebutted by a number of factors. As for the house specifically, the court may award the house to…

    How Indiana Courts Divide Retirement Accounts in Divorce

    On Behalf of Dixon & Moseley, P.C. | Apr 21, 2026 | Uncategorized

    Retirement accounts are generally considered marital property to the extent that were earned during marriage. Although retirement funds that accumulated before the marriage are not automatically excluded from the marital property, they can affect how the marital property is divided. 401(k)s and employer-sponsored retirement plans are divided using a Qualified Domestic Relations Order (QDRO), which is a court order directing…

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    • How Many Days Do You Have to Appeal in Indiana? (2026)
    • How to Appeal a Case in Indiana: Step-by-Step Guide, Deadlines, Costs, and Common Mistakes (2026)
    • Common Grounds for Appeal in Indiana Civil Cases (Complete Guide)
    • When Is Parental Consent NOT Required for Adoption in Indiana? (2026 Guide)
    • Failure to Object: When Is an Issue Waived?

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