Indiana § 25-11-1-16 - Appeals

§ 25-11-1-16. Appeals

Sec. 16. (a) An appeal may be taken from a final order of the secretary of state under this chapter as follows:

(1) By an applicant for a license under this chapter, from a final order of the secretary of state concerning the application.

(2) By a licensee, from a final order of the secretary of state affecting the licensee's license under this chapter.

(3) By any person against whom a civil penalty is imposed under section 15 of this chapter, from the final order of the secretary of state imposing the civil penalty.

(4) By any person who is named as a respondent in an investigation or a proceeding under section 9 of this chapter, from a final order of the secretary of state under section 9 of this chapter. An appeal under this subdivision may be taken in:

(A) the circuit or superior court of Marion County; or

(B) the circuit or superior court of the county in which the appellant resides or maintains a place of business.

(b) A person who seeks to appeal an order of the secretary of state under this section must serve the secretary of state with the following not later than twenty (20) days after the entry of the order:

(1) A written notice of the appeal stating:

(A) the court in which the appeal will be taken; and

(B) the grounds on which a reversal of the secretary of state's final order is sought.

(2) A written demand from the appellant for:

(A) a certified transcript of the record; and

(B) all papers on file in the secretary of state's office;

concerning the order from which the appeal is being taken.

(3) A bond in the penal sum of five hundred dollars ($500) payable to the state with sufficient surety to be approved by the secretary of state, conditioned upon:

(A) the faithful prosecution of the appeal to final judgment; and

(B) the payment of all costs that are adjudged against the appellant.

(c) Not later than ten (10) days after the secretary of state is served with the items described in subsection (b), the secretary of state shall make, certify, and deliver to the appellant the transcript described in subsection (b)(2)(A). Not later than five (5) days after the appellant receives the transcript under this subsection, the appellant shall file the transcript and a copy of the notice of appeal with the clerk of the court. The notice of appeal serves as the appellant's complaint. The secretary of state may appear before the court, file any motion or pleading in the matter, and form the issue. The cause shall be entered on the court's calendar to be heard de novo and shall be given precedence over all matters pending in the court.

(d) The court shall receive and consider any pertinent oral or written evidence concerning the order of the secretary of state from which the appeal is taken. If the order of the secretary of state is reversed, the court shall in its mandate specifically direct the secretary of state as to the secretary of state's further action in the matter. The secretary of state is not barred from revoking or altering the order for any proper cause that accrues or is discovered after the order is entered. If the order is affirmed, the appellant may, after thirty (30) days from the date the order is affirmed, file a new application for a license under this chapter if the application is not otherwise barred or limited. During the pendency of the appeal, the order from which the appeal is taken is not suspended but remains in effect unless otherwise ordered by the court. An appeal may be taken from the judgment of the court on the same terms and conditions as an appeal is taken in civil actions.

(e) IC 4-21.5 does not apply to a proceeding under this chapter.

As added by P.L.230-2007, SEC.24.

IC 25-12ARTICLE 12. REPEALEDRepealed by Acts 1978, P.L.2, SEC.2570.

IC 25-13ARTICLE 13. DENTAL HYGIENISTS

Ch. 1.Regulation of Dental Hygienists by State Board of Dentistry Ch. 2.Continuing Education Ch. 3.Access Practice Agreements

IC 25-13-1Chapter 1. Regulation of Dental Hygienists by State Board of Dentistry

25-13-1-1Short title 25-13-1-2Definitions 25-13-1-3Necessity of license; Class B misdemeanor 25-13-1-4License; application; examination; fee 25-13-1-4.5Limited voluntary charitable permit; requirements; expiration 25-13-1-5Powers and duties of board 25-13-1-6Qualifications of applicant 25-13-1-6.1Repealed 25-13-1-7Recognition of licenses from other states 25-13-1-8Dental hygienist license; examination; fee; expiration; renewal; reinstatement; display 25-13-1-9Repealed 25-13-1-10Locations for practice of dental hygiene; supervision requirements; laser treatments; rules 25-13-1-10.5Dental hygienist students; anesthetics 25-13-1-10.6Administration of local dental anesthetics by dental hygienists 25-13-1-10.7Administration of nitrous oxide by a dental hygienist or dental assistant; requirements 25-13-1-11Practice of dental hygiene; acts performed 25-13-1-12Exceptions 25-13-1-12.5Treatment plan consultations 25-13-1-13Repealed 25-13-1-14Repealed 25-13-1-15Review of board's action; procedure 25-13-1-16Repealed 25-13-1-17License by reciprocity 25-13-1-17.1Repealed 25-13-1-17.2Inactive license; renewal; remediation requirement 25-13-1-18Construction of certain terms 25-13-1-19Liberal construction 25-13-1-20Discipline; knowledge of standards of conduct and practice