(a) A person aggrieved by a decision of the state department to:
- (1) grant or deny issuing a certificate under this chapter; or
(2) revoke a certificate issued under this chapter;
may appeal the order by filing a petition for judicial review in a district court of the county in which the hospital is located.
- (b) The filing of a petition for judicial review under subsection (a) stays the decision by the state department that is the subject of the review.
- (c) The state department shall submit the documentation and all of the records the state department has concerning the subject of the review to the court not later than forty-five (45) days after the filing of the petition under subsection (a).
- (d) The district court may require or permit later corrections or additions to the record or extend the time frame prescribed by subsection (c).
- (e) The district court shall consider the petition under this section without a jury.
(f) The district court may reverse a decision made by the state department that is the subject of the petition if the court finds any of the following:
- (1) The decision is in violation of the Constitution of the State of Indiana or the Constitution of the United States.
- (2) The state department exceeded the state department's authority under this chapter.
- (3) The state department violated procedures specified under this chapter.
- (4) The decision by the state department was arbitrary or capricious, or characterized an abuse or unwarranted exercise of discretion.
- (5) The state department's decision was unsupported by substantial and material evidence based on the entire record.
- (g) The district court shall issue a decision on the petition in writing setting forth the court's findings of fact and conclusions of law.
As added by P.L.104-2021, SEC.2.