The House Judiciary Committee heard HB 1063 on de novo judicial review of agency action authored by Rep. Chris Jeter. This bill requires a court to try disputed issues of fact de novo in a judicial review of an agency action and to review all issues of law and fact de novo and without deference to any previous interpretation made by the agency. The bill also provides that the burden of proving the validity of an agency action is on the agency.
The bill was amended by consent to make it explicit that agencies that are not governed by Administrative Orders and Procedures Act will not be governed by this act and that an agency may issue a monetary penalty only if reasonable and not excessive. The amended bill passed 10-0.
Read the bill at: http://iga.in.gov/legislative/2022/bills/house/1063