{"data":{"id":"us-in/ic-9-24-2-5","jurisdiction":"us-in","citation":"IC 9-24-2-5","heading":"Hearings","body":"Sec. 5. (a) An individual whose driving privileges have been suspended under section 4 of this chapter is entitled to a prompt judicial hearing. The individual may file a petition that requests a hearing in a circuit, superior, county, or municipal court in the county where:\n(1) the individual resides; or\n(2) the school attended by the individual is located.\n(b) The petition for review must:\n(1) be in writing; and\n(2) be verified by the individual seeking review and:\n(A) allege specific facts that indicate the suspension or expulsion was improper; or\n(B) allege that, due to the individual's emancipation or dependents, an undue hardship exists that requires the granting of a restricted driving permit.\n(c) The hearing conducted by the court under this section shall be limited to the following issues:\n(1) Whether the school followed proper procedures when suspending or expelling the individual from school, including affording the individual due process under IC 20-33-8.\n(2) Whether the bureau followed proper procedures in suspending the individual's driving privileges.\n(d) If the court finds:\n(1) that the school failed to follow proper procedures when suspending or expelling the individual from school; or\n(2) that the bureau failed to follow proper procedures in suspending the individual's driving privileges;\nthe court may order the bureau to reinstate the individual's driving privileges.\n(e) 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.\n(f) In an action under this section, the petitioner has the burden of proof by a preponderance of the evidence.\n(g) 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.","path":["TITLE 9. MOTOR VEHICLES","ARTICLE 24. DRIVERS LICENSES","Chapter 2. Individuals Prohibited From Obtaining a License or Permit"],"source_url":"https://iga.in.gov/ic/2026/Title_9.html#9-24-2-5","current_through":"2026","vintage":"2026","retrieved_at":"2026-07-08T17:54:09Z","sha256":"f1848f37d5a7692396276b3cb7c90e09f3ce8c63f4f3a8049487ab2148dddf8b","source_id":"us-in","stale":false,"prev":"us-in/ic-9-24-2-4","next":"us-in/ic-9-24-2-6"},"notice":"GroundRules: Original legal text. Not legal advice."}