52 IAC 5-8-5

52 IAC 5-8-5 Dismissal for defect in petition; failure to state a claim

Last amended: 2026Year: 2027Length: 116 wordsOfficial source

Cite as Ind. Admin. Code tit. 52, r. 5-8-5

Sec. 5. (a) The board may issue an order of dismissal if a defective petition: (1) omits required information or attachments; (2) appears untimely on its face; or (3) fails to state a claim on which relief can be granted. (b) If the board determines, sua sponte, that a petition is defective, the board may: (1) issue a notice of defect, specifying the nature of the defect; and (2) return a copy of the appeal petition to the petitioner. (c) The petitioner shall correct the appeal petition within thirty (30) days from the date a notice of defect is served. (d) If a petitioner fails to correct an appeal petition, the board may dismiss the petition.
52 IAC 5-8-5: 52 IAC 5-8-5 Dismissal for defect in petition; failure to state a claim | Justis AI