Sec. 1. (a) Beginning July 1, 2020, this chapter applies when an agency is required to assign, appoint, or otherwise make use of an individual to act in the capacity of an administrative law judge to preside over administrative proceedings to review a disputed agency action for the agency. (b) Except as provided in subsection […]
Sec. 10. The director shall do the following: (1) Hire or contract with administrative law judges and other employees as necessary to carry out the purposes of this chapter. (2) Assign administrative law judges from the office to preside over administrative proceedings. (3) Adopt rules under IC 4-22-2 establishing a code of judicial conduct for […]
Sec. 11. The office may: (1) enter into contracts or agreements; and (2) adopt rules under IC 4-22-2; necessary to carry out the purposes of this chapter. As added by P.L.205-2019, SEC.4.
Sec. 12. (a) Beginning July 1, 2020, and except as provided in sections 1 and 2 of this chapter, the office has jurisdiction over all administrative proceedings concerning agency administrative actions under: (1) IC 4-21.5; or (2) any other statute that requires or allows the office to take action. (b) Notwithstanding anything in this chapter […]
Sec. 13. (a) The director shall assign one (1) or more administrative law judges to: (1) one (1) or more agencies to handle all administrative proceedings filed with that agency or agencies; or (2) preside over any administrative proceeding filed within an agency. (b) When assigning an administrative law judge to an agency or an […]
Sec. 14. (a) The procedures of the office in an administrative proceeding are governed by: (1) IC 4-21.5; or (2) if IC 4-21.5 does not apply, any other statute that governs an agency’s administrative proceedings. (b) The office shall render its decisions in writing. As added by P.L.205-2019, SEC.4.
Sec. 15. (a) Except as provided in subsection (b), an administrative law judge employed by the office must be: (1) a citizen of Indiana; and (2) an attorney in good standing admitted to the practice of law in Indiana. (b) An individual who does not meet the requirement under subsection (a)(2) but who served as […]
Sec. 16. An agency must provide office space, hearing rooms, and administrative support for administrative proceedings for the agency. As added by P.L.205-2019, SEC.4.
Sec. 2. This chapter does not apply to: (1) the department of workforce development; (2) the unemployment insurance review board of the department of workforce development; (3) the worker’s compensation board of Indiana; (4) the Indiana utility regulatory commission; (5) the department of state revenue; (6) the department of local government finance; (7) the Indiana […]
Sec. 3. As used in this chapter, “administrative law judge” means an individual who presides over an administrative proceeding that results in a finding of fact determining the legal rights, duties, or privileges of a party after an opportunity for an evidentiary hearing. As added by P.L.205-2019, SEC.4.
Sec. 4. As used in this chapter, “agency” means an authority, board, branch, bureau, commission, committee, council, department, division, office, service, or other instrumentality of the executive, including the administrative, department of state government. The term does not include any of the following: (1) Any body corporate and politic set up as an instrumentality of […]
Sec. 5. As used in this chapter, “director” means the director of the office of administrative law proceedings. As added by P.L.205-2019, SEC.4.
Sec. 6. As used in this chapter, “office” means the office of administrative law proceedings established by section 7 of this chapter. The term includes the director. As added by P.L.205-2019, SEC.4.
Sec. 7. The office of administrative law proceedings is established as a separate department within the state personnel department. As added by P.L.205-2019, SEC.4.
Sec. 8. The office shall have a director who is responsible for administering the office. The governor shall appoint the director. As added by P.L.205-2019, SEC.4.
Sec. 9. The state personnel department shall provide offices, rooms, and staff assistance to the director for the office. As added by P.L.205-2019, SEC.4.
