id	author	title	date	pages	extension	mime	words	sentence	flesch	summary	cache	txt
inlawrev-18089	Sullivan, Jr., Frank	A Look Back: Developing Indiana Law Post-Bench Reflections of an Indiana Supreme Court Justice Selected Developments in Indiana Administrative Law (1989-2012)	2013	20	.pdf	application/pdf	8592	538	61	As the following sections of this Article will show, once Austin Lakes declared that exhaustion of remedies was jurisdictional, Indiana Supreme Court cases recognizing exceptions to the exhaustion canon all but disappeared. In an opinion authored by Justice David, and joined in relevant part by the other four members of the Court, the Court held that regardless of whether the DCS Director’s decision was subject to the AOPA, the appropriate standard of appellate review was that provided by the AOPA.129 The AOPA specifies five instances under which judicial relief should be granted due to prejudice by an agency action: if the agency action is (1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (2) contrary to constitutional right, power, privilege, or immunity; (3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (4) without observance of procedure required by law; or (5) unsupported by substantial evidence.130 Thus, A.B. stands for the principle that, even in cases not controlled by statute, the Indiana Supreme Court will refer to Indiana administrative law in general, and the AOPA in particular, as the “common law” that provides the requisite rules of decision.	cache/inlawrev-18089.pdf	txt/inlawrev-18089.txt