Thursday, November 13, 2014
Ind. Decisions - More on: Supreme Court decides two today; important administrative law ruling
A reader writes:
The First American Title decision today is huge re: failure to exhaust no longer goes to subject matter jurisdiction.See p. 4-5:
We summarily affirm that portion of the Court of Appeals opinion holding that the exhaustion of administrative remedies under AOPA is a procedural error and does not implicate the trial court’s subject matter jurisdiction.Here is the May 13, 2013 Court of Appeals opinion.
 We also summarily affirm that portion of the Court of Appeals opinion declaring the Commissioner’s hearing order untimely and void, as well as that portion of the opinion declaring that a petitioner seeking judicial review of an agency decision need not demonstrate a separate showing of prejudice.
Posted by Marcia Oddi on November 13, 2014 12:22 PM
Posted to Ind. Sup.Ct. Decisions