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Indiana Code Title 23. Business and Other Associations § 23-2.5-11-12

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 12. (a) An appeal may be taken, to the Marion circuit court or the circuit or superior court of the county where the person taking the appeal resides or maintains a place of business, by the following:

(1) A person whose application for issuance or renewal of a license under this article is granted or denied, from any final order of the commissioner concerning the application.

(2) An applicant for issuance or renewal of a license as a mortgage loan originator, from any final order of the commissioner affecting the application.

(3) An applicant for issuance or renewal of a license for a loan broker office from any final order of the commissioner affecting the application.

(4) A person against whom a civil penalty is imposed under section 3(c) of this chapter, from the final order of the commissioner imposing the civil penalty.

(5) A person who is named as a respondent, from any final order of the commissioner under this article.

(b) Not later than twenty (20) days after the entry of the order under subsection (a), the commissioner must be served with:

(1) a written notice of the appeal specifying the court to which the appeal will be taken and the grounds on which a reversal of the final order is sought;

(2) a demand in writing from the appellant for a certified transcript of the record and all papers on file in the commissioner's office that affect or relate to the order;  and

(3) a bond in the penal sum of five hundred dollars ($500) to the state with sufficient surety to be approved by the commissioner, conditioned on the faithful prosecution of the appeal to final judgment and the payment of all costs that are adjudged against the appellant.

(c) Not later than ten (10) days after the date on which the commissioner is served with the items listed in subsection (b), the commissioner shall make, certify, and deliver to the appellant the transcript, and the appellant shall, not later than five (5) days after the date on which the appellant receives the transcript, 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 commissioner may appear and file a motion or pleading and form the issue.  The cause must be entered on the trial calendar for trial de novo and 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 commissioner from which an appeal under this section is taken.  If the order of the commissioner is reversed, the court shall in the court's mandate specifically direct the commissioner concerning the commissioner's further action in the matter.  The commissioner is not barred from revoking or altering the order for proper cause that accrues or is discovered after the order is entered.  If the order is affirmed, the appellant is not barred after thirty (30) days after the date on which the order is affirmed from filing a new application 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.

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Cite this article: FindLaw.com - Indiana Code Title 23. Business and Other Associations § 23-2.5-11-12 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-23-business-and-other-associations/in-code-sect-23-2-5-11-12/

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