Timothy L. Doss v. Indiana Department of Child Services (mem. dec.), 87A04-1609-PL-2095

DCS substantiated allegations that Doss sexually molested his toddler grandson after administrative hearings; the ALJ issued an adverse Agency Decision on November 20, 2015.
Doss filed a petition for judicial review in Warrick County on December 21, 2015 and attached an uncertified copy of the Agency Decision but did not file the certified agency record or request a court-ordered extension by the statutory 30-day deadline (January 20, 2016).
DCS informed Doss about the record/transcript process on January 13, 2016; Doss selected a private transcriptionist on January 18, 2016, but still did not file an extension.
DCS moved to dismiss under AOPA § 4-21.5-5-13 for failure to timely file the certified agency record or an extension; Doss argued dismissal was discretionary and blamed DCS for creating a "trap."
Doss subpoenaed a DCS employee for communications about the transcript; DCS moved to quash the subpoena as irrelevant and oppressive.
The trial court granted DCS’s motions to dismiss and to quash; Doss appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether trial court erred in dismissing petition for failure to file certified agency record or extension within 30 days	Doss: dismissal is discretionary; DCS trapped him by withholding the record so he should be excused	DCS: AOPA mandates dismissal where record or timely extension is not filed; bright-line rule requires dismissal	Court: Affirmed dismissal — AOPA requires filing record or timely extension; failure mandates dismissal
Whether trial court erred in quashing subpoena duces tecum	Doss: subpoenaed communications would show why DCS delayed and justify excusing his filing failure	DCS: requested materials were irrelevant to the narrow statutory compliance issue and subpoena was oppressive	Court: Affirmed quash — documents irrelevant given statutory bright-line rule; no abuse of discretion

Teaching Our Posterity Success, Inc. v. Ind. Dep’t of Educ., 20 N.E.3d 149 (Ind. 2014) (establishes bright-line rule that petition cannot be considered without the statutorily defined agency record)
First Am. Title Ins. Co. v. Robertson, 19 N.E.3d 757 (Ind. 2014) (applies bright-line rule to affirm dismissal where certified record was not timely filed)
Ind. Family & Social Servs. Admin. v. Meyer, 927 N.E.2d 367 (Ind. 2010) (petitioner bears burden to file record or timely request extension; statute does not allow nunc pro tunc relief)
Mosco v. Ind. Dep’t of Child Servs., 916 N.E.2d 731 (Ind. Ct. App. 2009) (rejects "trap" argument; AOPA provides extension mechanism when agency cannot produce the record)
MicroVote Gen. Corp. v. Office of Sec’y of State, 890 N.E.2d 21 (Ind. Ct. App. 2008) (onus on petitioner to file extension within initial 30 days)
Strodtman v. Integrity Builders, Inc., 668 N.E.2d 279 (Ind. Ct. App. 1996) (standard of review for trial court's decision to quash subpoena)