LegalFix
Sign In

7.1-3-19-11. Review of recommendations; findings of fact

IN Code § 7.1-3-19-11 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

Sec. 11. (a) The commission shall follow the recommendation of a majority of the members of a local board to grant or deny an application for a retailer's or dealer's permit of any type, unless, after the commission's review of that recommendation, the commission determines that to follow the recommendation would be:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law;

(2) contrary to a constitutional right, power, privilege, or immunity;

(3) in excess of, or contrary to, statutory jurisdiction, authority, limitations or rights;

(4) without observance of procedure required by law; or

(5) unsupported by substantial evidence.

Such review shall be de novo.

(b) If the commission determines not to follow the recommendation of a local board, after the commission's review of that recommendation according to the standards set forth in subsection (a), the commission shall make written findings of fact on each material issue on which the commission's determination is based.

[Pre-1973 Recodification Citation: 7-1-1-5(2).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.64-1990, SEC.3.

Previous Section
7.1-3-19-10. Commission's action
Next Section
7.1-3-19-11.5. Appeal hearing; notice to local board; publication of notice