Section 15-16-5-67 - Review of state chemist actions; hearing(a) A person who is:(1) subject to an action under section 65, 66, or 70 of this chapter; and(2) aggrieved by any decision by the state chemist; may obtain a review by the board, if the person files a written petition with the board not later than thirty (30) days after the state chemist's decision.
(b) The board shall provide a copy of a petition filed under subsection (a) to the state chemist not later than seven (7) days after receiving the petition.(c) Not more than fifteen (15) days after receiving a petition under subsection (b), the state chemist shall certify and file with the board a transcript of any record related to the petition, including a transcript of any evidence received.(d) Whenever a hearing is held under this section, the board may designate one (1) or more persons as the board's agent or representative to conduct the hearing. The agent or representative shall conduct the hearing in the manner provided by IC 4-21.5-3.(e) After hearing the appeal, the board shall affirm, set aside, or modify the action of the state chemist. However, the state chemist's finding of facts that are supported by the substantial evidence is considered conclusive.(f) A person aggrieved by any action of the board may obtain judicial review under IC 4-21.5-5.Pre-2008 Recodification Citation: 15-3-3.6-15.
Amended by P.L. 109-2015, SEC. 38, eff. 5/4/2015.As added by P.L. 2-2008, SEC.7.