Ind. Code § 9-24-2-5 : Indiana Code - Section 9-24-2-5: Hearings

(a) A person whose driving privileges have been invalidated under section 4 of this chapter is entitled to a prompt judicial hearing. The person may file a petition that requests a hearing in a circuit, superior, county, or municipal court in the county where:
(1) the person resides; or
(2) the school attended by the person is located.
(b) The petition for review must:
(1) be in writing; and
(2) be verified by the person seeking review and:
(A) allege specific facts that indicate the suspension or expulsion was improper; or
(B) allege that due to the person's emancipation or dependents that an undue hardship exists that requires the granting of a restricted driving permit.
(c) The hearing conducted by the court under this section shall be limited to the following issues:
(1) Whether the school followed proper procedures when suspending or expelling the person from school, including affording the person due process under IC 20-33-8.
(2) Whether the bureau followed proper procedures in invalidating the person's license or permit.
(3) Whether an undue hardship exists that requires the granting of a restricted driving permit.
(d) If the court finds:
(1) that the school failed to follow proper procedures when suspending or expelling the person from school; or
(2) that the bureau failed to follow proper procedures in invalidating the person's license or permit;
the court may order the bureau to reinstate the person's driving privileges.
(e) If the court finds that an undue hardship exists, the court may order a restricted driving permit limiting the petitioner to essential driving for work and driving between home, work, and school only. The restricted driving permit must state the restrictions related to time, territory, and route. If a court orders a restricted driving permit for the petitioner, the court shall do the following:
(1) Include in the order a finding of facts that states the petitioner's driving restrictions.
(2) Enter the findings of fact and order in the order book of the court.
(3) Send the bureau a signed copy of the order.
(f) The prosecuting attorney of the county in which a petition has been filed under this section shall represent the state on behalf of the bureau with respect to the petition. A school that is made a party to an action filed under this section is responsible for the school's own representation.
(g) In an action under this section the petitioner has the burden of proof by a preponderance of the evidence.
(h) The court's order is a final judgment appealable in the manner of civil actions by either party. The attorney general shall represent the state on behalf of the bureau with respect to the appeal.
As added by P.L.2-1991, SEC.12. Amended by P.L.131-1995, SEC.3; P.L.1-2005, SEC.108.