HB 1052-1_ Filed 01/18/2008, 16:04 Grubb


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


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HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1052 be amended to read as follows:

SOURCE: Page 4, line 21; (08)MO105201.4. -->     Page 4, between lines 21 and 22, begin a new paragraph and insert:
SOURCE: IC 9-30-4-3; (08)MO105201.6. -->     "SECTION 6. IC 9-30-4-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 3. (a) The bureau shall give notice of an order or act under section 1 or 2 of this chapter by certified mail not more than five (5) business days after the order is issued or the act is taken.
    (a) (b) A person aggrieved by an order or act of the bureau under section 1 or 2 of this chapter may, within fifteen (15) days after notice is given under subsection (a), file a petition in the circuit or superior court of the county in which the person resides. If the person is a nonresident, the person may file a petition for review in the Marion circuit court.
    (b) (c) The petitioner must state facts showing how the order or act of the bureau is wrongful or unlawful, but the filing of a petition does not suspend the order or act unless a stay is allowed by a judge of the court pending final determination of the review on a showing of reasonable probability that the order or act is wrongful or unlawful.
    (c) (d) The court shall, within six (6) months of the date of the filing of the petition, hear the petition, take testimony, and examine the facts of the case. The court may, in disposing of the issues, modify, affirm, or reverse the order or act of the bureau in whole or in part and shall make an appropriate order. If the petition has not been heard within six (6) months from the date of the filing, the original order or act of the bureau shall be reinstated in full force and effect.".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1052 as printed January 16, 2008.)

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Representative Grubb


MO105201/DI 69     2008