Sec. 1. (a) This section applies to: (1) the giving of any notice; (2) the service of any motion, ruling, order, or other filed item; or (3) the filing of any document with the ultimate authority or the office of administrative law proceedings; in an administrative proceeding under this article. (b) Except as provided in […]
Sec. 10. (a) An administrative law judge is subject to disqualification for: (1) bias, prejudice, or interest in the outcome of a proceeding; (2) failure to dispose of the subject of a proceeding in an orderly and reasonably prompt manner after a written request by a party; (3) unless waived or extended with the written […]
Sec. 11. (a) Except as provided in subsection (b) or unless required for the disposition of ex parte matters specifically authorized by statute, an administrative law judge serving in a proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding while the proceeding is pending, with: (1) any party; (2) any individual […]
Sec. 12. An administrative law judge who: (1) comments publicly, except as to hearing schedules or procedures, about pending or impending proceedings; or (2) engages in financial or business dealings that tend to: (A) reflect adversely on the administrative law judge’s impartiality; (B) interfere with the proper performance of the administrative law judge’s duties; (C) […]
Sec. 13. (a) An individual who has served as investigator, prosecutor, or advocate in a proceeding or in its preadjudicative stage may not serve as an administrative law judge or assist or advise the administrative law judge in the same proceeding. (b) An individual who is subject to the authority, direction, or discretion of an […]
Sec. 14. (a) An administrative law judge conducting a proceeding shall keep a record of the administrative law judge’s proceedings under this article. (b) If a motion is based on facts not otherwise appearing in the record for the proceeding, the administrative law judge may hear the matter on affidavits presented by the respective parties […]
Sec. 15. (a) Any party may participate in a proceeding in person or, if the party is not an individual or is incompetent to participate, by a duly authorized representative. (b) Whether or not participating in person, any party may be advised and represented at the party’s own expense by counsel or, unless prohibited by […]
Sec. 16. (a) A person who: (1) cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons; and (2) is a party or witness in any proceeding under this article; is entitled to an interpreter to assist the person throughout the proceeding […]
Sec. 17. (a) The administrative law judge, at appropriate stages of a proceeding, shall give all parties full opportunity to file pleadings, motions, and objections and submit offers of settlement. (b) The administrative law judge, at appropriate stages of a proceeding, may give all parties full opportunity to file briefs, proposed findings of fact, and […]
Sec. 18. (a) The administrative law judge for the hearing, subject to the agency’s rules, may, on the administrative law judge’s own motion, and shall, on the motion of a party, conduct a prehearing conference. The administrative law judge may deny a motion for a prehearing conference if the administrative law judge has previously conducted […]
Sec. 19. (a) This section and section 18 of this chapter apply to prehearing conferences. (b) To expedite a decision on pending motions and other issues, the administrative law judge may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity: […]
Sec. 2. (a) In computing any period of time under this article, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is: (1) a Saturday; (2) a Sunday; (3) a […]
Sec. 20. (a) The administrative law judge for the hearing shall set the time and place of the hearing and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. Unless a shorter notice is required to comply with any law or is stipulated […]
Sec. 21. (a) Before the beginning of the hearing on the subject of the proceeding, the administrative law judge shall grant a petition for intervention in a proceeding and identify the petitioner in the record of the proceeding as a party if: (1) the petition: (A) is submitted in writing to the administrative law judge, […]
Sec. 22. (a) The administrative law judge at the request of any party or an agency shall, and upon the administrative law judge’s own motion may, issue: (1) subpoenas; (2) discovery orders; and (3) protective orders; in accordance with the rules of procedure governing discovery, depositions, and subpoenas in civil actions in the courts. (b) […]
Sec. 23. (a) A party may, at any time after a matter is assigned to an administrative law judge, move for a summary judgment in the party’s favor as to all or any part of the issues in a proceeding. (b) Except as otherwise provided in this section, an administrative law judge shall consider a […]
Sec. 24. (a) At any stage of a proceeding, if a party fails to: (1) satisfy the requirements of section 7(a) of this chapter; (2) file a responsive pleading required by statute or rule; (3) attend or participate in a prehearing conference, hearing, or other stage of the proceeding; or (4) take action on a […]
Sec. 25. (a) This section and section 26 of this chapter govern the conduct of any hearing held by an administrative law judge. (b) The administrative law judge shall regulate the course of the proceedings in conformity with any prehearing order and in an informal manner without recourse to the technical, common law rules of […]
Sec. 26. (a) This section and section 25 of this chapter govern the conduct of any hearing conducted by an administrative law judge. Upon proper objection, the administrative law judge shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in […]
Sec. 27. (a) If the administrative law judge is the ultimate authority for the agency, the ultimate authority’s order disposing of a proceeding is a final order. If the administrative law judge is not the ultimate authority, the administrative law judge’s order disposing of the proceeding becomes a final order when affirmed under section 29 […]
