§ 22-4.1-21-26 — Hearing; filing objection to order; commissioner ultimate authority

Indiana § 22-4.1-21-26

• Jurisdiction: Indiana
• Art. 4.1: DEPARTMENT OF WORKFORCE
• Ch. 21: Postsecondary Proprietary Educational Institution

Text

(a) A postsecondary proprietary
educational institution, after notification that the institution's
authorization has been refused, revoked, or suspended, may apply for
a hearing before an administrative law judge of the department
concerning the institution's qualifications. The application for a hearing
must be filed in writing with the department not more than thirty (30)
days after receipt of notice of the denial, revocation, or suspension.
(b) The department shall give a hearing promptly and with not less
than ten (10) days notice of the date, time, and place. The
postsecondary proprietary educational institution is entitled to be
represented by counsel and to offer oral and documentary evidence
relevant to the issue. The hearing shall be conducted in the manner
provided under IC 4-21.5-3.
(c) Not more than fifteen (15) days after a hearing, the
administrative law judge shall make written findings of fact, a written
decision, and a written order based solely on the evidence submitted at
the hearing, either granting or denying authorization to the
postsecondary proprietary educational institution.
(d) Not more than fifteen (15) days after the issuance of a written
order by the administrative law judge under subsection (c), any party
adversely affected by the order may file an objection to the order in
writing with the commissioner and request that the commissioner
review the order. The party must identify the basis of the objection with
reasonable particularity. Not later than thirty (30) days after the
objection is filed with the commissioner, the commissioner shall issue
a final order affirming, modifying, or dissolving the administrative law
judge's order. The commissioner may remand the matter, with or
without instructions, to the administrative law judge for further
proceedings.
(e) In the absence of an objection under subsection (d), the
commissioner shall affirm the administrative law judge's order.
(f) The commissioner is the ultimate authority (as defined by IC 4-21.5-1-15) for the department.

Legislative History

As added by P.L.107-2012, SEC.61. Amended by P.L.178-2016, SEC.19; P.L.157-2023, SEC.17.