Trial court erred in denying IDEM’s motion to dismiss for failing to timely file agency record or request extension of time

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Unpublished
Indiana Department of Environmental Management (“IDEM”) brings this interlocutory appeal of the trial court’s order denying IDEM’s motion to dismiss the petition for judicial review filed by Subhen Ghosh. The issue at hand can be summarized as:

Whether the trial court may exercise jurisdiction over a judicial review proceeding when the Petitioner failed to file the agency record or request an extension of time to file the agency record within thirty (30) days after filing the petition for judicial review, as required by Indiana Code section 4-21.5-5-13(b).
Conclusion (slip op. at 6-7):  Ghosh failed to comply with the statutory procedure when he neither filed the agency record nor requested an extension for said filing within thirty days of his May 23, 2007, petition for judicial review. That failure was “cause for dismissal of the petition.”  Therefore, the trial court erred when it denied IDEM’s motion to dismiss.  Reversed.
Key Analysis (slip op. at 6):  The request for an extension must itself be made within “the initial thirty days following the filing of the petition for review or within any previously granted extension . . . the failure to file the petition within the statutory time requirement is cause for dismissal of the petition for review by the court, on its own motion, or on petition of any party of record to the proceeding.

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