Record for judicial review
Sec. 6. (a) Except with respect to a petition filed under section
5(g) of this chapter, if a petition for judicial review is initiated by a
person under section 5 of this chapter, the Indiana board shall
prepare a certified record of the proceedings related to the petition.
(b) The record for judicial review required under subsection (a)
must include the following documents and items:
(1) Copies of all papers submitted to the Indiana board during
the course of the action and copies of all papers provided to the
parties by the Indiana board. For purposes of this subdivision,
the term "papers" includes, without limitation, all notices,
petitions, motions, pleadings, orders, orders on rehearing,
briefs, requests, intermediate rulings, photographs, and other
written documents.
(2) Evidence received or considered by the Indiana board.
(3) A statement of whether a site inspection was conducted,
and, if a site inspection was conducted, either:
(A) a summary report of the site inspection; or
(B) a videotape transcript of the site inspection.
(4) A statement of matters officially noticed.
(5) Proffers of proof and objections and rulings on them.
(6) Copies of proposed findings, requested orders, and
exceptions.
(7) Either:
(A) a transcription of the audio tape of the hearing; or
(B) a transcript of the hearing prepared by a court reporter.
Copies of exhibits that, because of their nature, cannot be
incorporated into the certified record must be kept by the Indiana
board until the appeal is finally terminated. However, this evidence
must be briefly named and identified in the transcript of the evidence
and proceedings.
(c) Except with respect to a petition filed under section 5(g) of
this chapter, if the tax court judge finds that:
(1) a report of all or a part of the evidence or proceedings at a
hearing conducted by the Indiana board was not made; or
(2) a transcript is unavailable;
a party to the appeal initiated under section 5 of this chapter may, at
the discretion of the tax court judge, prepare a statement of the
evidence or proceedings. The statement must be submitted to the tax
court and also must be served on all other parties. A party to the
proceeding may serve objections or prepare amendments to the
statement not later than ten (10) days after service.
(Formerly: Acts 1975, P.L.47, SEC.1.) As amended by P.L.198-2001,
SEC.46; P.L.245-2003, SEC.15.
Last modified: May 28, 2006