By State Sen. Mark Messmer (R-Jasper)
When Hoosiers bring an action against another individual, or a government agency, Indiana's legal procedures should provide fairness to all involved.
Previously, however, Indiana judges had to give deference to state agencies if questions arose about the interpretation of law or regulation.
Giving this deference tipped the scales in favor of the government in cases where a state agency was taking legal action against a Hoosier citizen. This impacted countless cases in our state – from situations where property owners were told they needed a permit to do work on their own land, to decisions about who could get a professional license and earn a livelihood in their field of work.
This year, I supported a new law that changes the standard for court review of government agencies to make these reviews more impartial for Hoosiers challenging these agencies.
House Enrolled Act 1003 went into effect on July 1, leveling the playing field between government agencies and Hoosiers by saying courts must rule in favor of the private citizen if the agency's action was unsupported by most of the evidence.
Previously, a court could rule in favor of the state agency only if its action was unsupported by "substantial evidence." This means an agency could be up to 75% wrong and still win its case.
This new law corrects this legal unfairness and requires courts to decide legal disputes involving agencies and private citizens and businesses without deference to either side – which is consistent with the principle that everyone is equal in the eyes of the law.
After House Enrolled Act 1003 was signed into law in March, I was pleased to see the U.S. Supreme Court correct the same issue at the federal level in June. The court’s conservative majority voted to overturn a ruling from the 1980s that said federal courts should defer to government agencies on interpreting ambiguous laws.
In effect, the Supreme Court’s ruling did the same thing for the federal government that Indiana's new law did for state government. Both developments are wins for average citizens who are wronged by government agencies.
As always, constituents can reach out to me with any questions or concerns they may have by filling out a "Contact Me" form on the IndianaSenateRepublicans.com/Messmer website or by phone at 800-382-9467.
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State Sen. Mark Messmer (R-Jasper) represents Senate District 48, which
includes Crawford, Dubois, Gibson, Perry, Pike and Spencer counties.
Click here to download a high-resolution photo.
