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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.[3]
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[3] 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.
Here is the May 13, 2013 Court of Appeals opinion.

Posted by Marcia Oddi on November 13, 2014 12:22 PM
Posted to Ind. Sup.Ct. Decisions