Sec. 10. A person may obtain judicial review of an issue that was not raised before the agency, only to the extent that:
(1) the issue concerns whether a person who was required to be notified by this article of the commencement of a proceeding was notified in substantial compliance with this article; or
(2) the interests of justice would be served by judicial resolution of an issue arising from a change in controlling law occurring after the agency action.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.21.
Structure Indiana Code
Title 4. State Offices and Administration
Article 21.5. Administrative Orders and Procedures
4-21.5-5-1. Exclusive Means for Judicial Review; Exceptions
4-21.5-5-2. Petition; Persons Entitled to Judicial Review
4-21.5-5-4. Exhaustion of Administrative Remedies; Waiver of Right to Review
4-21.5-5-7. Petition; Filing; Contents
4-21.5-5-8. Service; Rules of Procedure
4-21.5-5-9. Stay of Order Pending Court Decision
4-21.5-5-10. Issues Not Raised Before Agency
4-21.5-5-11. Fact Issues Confined to Record
4-21.5-5-12. Evidence; Remand to Agency for Further Factfinding
4-21.5-5-13. Transmittal of Agency Record; Costs; Corrections or Additions