Indiana Court Orders Reinstatement of Captain’s Fire Certifications After Finding State Board Acted Arbitrarily

A Marion Superior Court judge has ordered the Indiana Department of Homeland Security to restore all firefighting certifications held by a 20-year Muncie Fire Department captain after concluding that the state fire board acted arbitrarily when it overturned an administrative law judge’s recommendation and imposed severe discipline based on an anonymous complaint about cheating. 

It’s a case we have covered several times here:

Indiana Fire Department Facing Three Investigations Into Exam Cheating

ALJ Reverses Harsh Sanctions in Muncie Cheating Scandal Case

Muncie Captain Sues Claiming He Was Improperly Denied Promotion

Captain Troy D. Dulaney held numerous state-issued certifications, including Fire Officer I and II, Firefighter I and II, Instructor I, Instructor II/III, Strategy and Tactics, and multiple technical rescue certifications. According to the court’s findings, he had no prior disciplinary history and had regularly volunteered to help firefighters prepare for certification exams by using publicly available study materials and personal instruction. 

The matter began on March 10, 2023, when the Indiana Department of Homeland Security received an unsigned anonymous complaint alleging that several firefighters in Muncie had cheated on examination materials. The complaint included text message screenshots and handwritten notes, but did not identify a source or provide first-hand evidence linking Captain Dulaney to misconduct. Investigator Zach Mathews was assigned to investigate. After interviewing firefighters and gathering documents, the Board of Firefighting Personnel Standards and Education voted to permanently revoke all of Captain Dulaney’s certifications. 

Captain Dulaney appealed, and an evidentiary hearing was held before Administrative Law Judge Carrie Ingram. Multiple firefighters testified that Captain Dulaney’s study sessions were voluntary, legitimate, and limited to practice materials. The administrative law judge found Dulaney credible, found inconsistencies in the testimony offered by the state’s witnesses, and concluded that the Department failed to prove that he violated any applicable rule or statute. She recommended full reinstatement of all certifications. 

The Board later reversed that recommendation without taking additional testimony. It permanently revoked Captain Dulaney’s Instructor I and Instructor II/III certifications and suspended 24 other certifications for three years, while allowing him to seek reinstatement after two years if he demonstrated remorse. The court found that the Board adopted only selected portions of the administrative law judge’s findings and omitted favorable findings without explanation. 

At the center of the dispute was Indiana regulation 655 IAC 1-1-12(j)(12), which states that a proctor “may not discuss examination questions with a student taking the examination.” The Department argued that the phrase should apply broadly to any time a student is preparing for an examination, including before testing begins. The administrative law judge rejected that interpretation, concluding that the rule governs conduct during the administration of the exam itself, not ordinary instruction or study assistance before or after testing. 

The court agreed, noting that no witness testified that Dulaney communicated with any firefighter while an examination was actually underway. The court wrote that the Board adopted the broader interpretation “without legal analysis, without any finding that the rule was ambiguous, and without following rulemaking procedures required for a change in interpretation.” 

Judge Clayton Graham concluded that the administrative record contained “no credible, corroborated, or substantial evidence” that Captain Dulaney engaged in misconduct, violated any rule, or breached any ethical standard. The court held that the Board’s final order was arbitrary, capricious, unsupported by substantial evidence, and contrary to law. 

The court ordered the Indiana Department of Homeland Security to immediately reinstate all firefighting certifications previously held by Dulaney and expunge any record of revocation or suspension from its files. The court did, however, affirm the agency’s authority to remove him as a proctor. 

Here is a copy of the decision: