§ 22-4-17-15 — Impartial administrative law judge

Indiana § 22-4-17-15

• Jurisdiction: Indiana
• Art. 4: UNEMPLOYMENT COMPENSATION SYSTEM
• Ch. 17: Claims for Benefits

Text

(a) An administrative law judge may not
preside over or otherwise participate in the hearing or disposition of an
appeal in which the judge's impartiality might reasonably be
questioned, including instances where the judge:
(1) has:
(A) personal bias or prejudice concerning a party; or
(B) personal knowledge of disputed evidentiary facts
concerning the appeal;
(2) has served as a lawyer in the matter in controversy; or
(3) knows that the judge has any direct or indirect financial or
other interest in the subject matter of an appeal or in a party to the
appeal.
(b) Disqualification of an administrative law judge shall be in
accordance with the rules adopted by the department.
(c) This subsection does not apply to the disposition of ex parte
matters specifically authorized by statute or rule. An administrative law
judge may not communicate, directly or indirectly, regarding any
substantive issue in the appeal while the appeal is pending, with any
party to the appeal, or with any individual who has a direct or indirect
interest in the outcome of the appeal, without notice and opportunity
for all parties to participate in the communication.

Legislative History

As added by P.L.135-1990, SEC.16. Amended by P.L.171-2016, SEC.19.