Opinion
No. 2-277A52.
Filed July 20, 1977. Rehearing denied August 20, 1977. Transfer denied November 15, 1977.
ADMINISTRATIVE LAW — Review. — The Administrative Adjudication Act (IC 4-22-1-14) applies only to agencies of statewide government.
Appeal from the dismissal of a petition for review of a merit board suspension of a sheriff's deputy.
From the Adams Circuit Court, Myles F. Parrish, Judge.
Reversed and remanded by the Second District.
Kent H. Musser, McDonald Musser, of Indianapolis, for appellant. William D. Seese, Gallivan, Hamilton, Hamilton, Seese Patterson, of Bluffton, for appellee.
Richard D. Wolfcale was suspended and thereafter terminated as a Wells County Deputy Sheriff following proceedings before the Wells County Sheriff's Merit Board. Wolfcale sought "judicial review" of that determination in the Wells Circuit Court. Following change of venue, the Adams Circuit Court dismissed Wolfcale's Petition for Judicial Review, reasoning that the Administrative Adjudication Act, IC 4-22-1-14 (Burns 1974) was applicable and that Wolfcale had failed to bring himself within the provisions of that Act for purposes of review in that the petition was not verified and was not filed within fifteen days after notice of the Merit Board decision. We reverse.
Our disposition is governed by Tippecanoe Valley School Corporation v. Leachman (1970), 147 Ind. App. 443, 261 N.E.2d 880 (transfer denied), a case cited neither by Wolfcale nor by the County. The court there held the Administrative Adjudication Act "applicable only to agencies of statewide government . . ." (original emphasis). It is therefore apparent that the reviewing court below erred in applying the fifteen day filing requirement of the Act to Wolfcale's petition for review.
The judgment is reversed and the cause remanded for further proceedings.
White, J., concurs.
Lowdermilk, J. (participating by designation), concurs.
NOTE. — Reported at 364 N.E.2d 1023.