Indiana § 4-21.5-3-10 Disqualification of administrative law judge

Indiana Statutes

§ 4-21.5-3-10 — Disqualification of administrative law judge

Indiana § 4-21.5-3-10

Art. 21.5ADMINISTRATIVE ORDERS AND

Ch. 3Adjudicative Proceedings

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Bluebook

Ind. Code § 4-21.5-3-10 (2026).

Text

(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 consent of all parties or for good cause shown, failure to issue an order not later than ninety (90) days after the latest of:

(A)the filing of a motion to dismiss or a motion for summary judgment under section 23 of this chapter that is filed after June 30, 2011;

(B)the conclusion of a hearing that begins after June 30, 2011; or

(C)the completion of any schedule set for briefing or for submittal of proposed findings of fact and conclusions of law for a disposition under clauses

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(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 consent of all
parties or for good cause shown, failure to issue an order not later
than ninety (90) days after the latest of:
(A) the filing of a motion to dismiss or a motion for summary
judgment under section 23 of this chapter that is filed after June
30, 2011;
(B) the conclusion of a hearing that begins after June 30, 2011;
or
(C) the completion of any schedule set for briefing or for
submittal of proposed findings of fact and conclusions of law
for a disposition under clauses (A) or (B); or
(4) any cause for which a judge of a court may be disqualified.
Before July 1, 2020, nothing in this subsection prohibits an individual
who is an employee of an agency from serving as an administrative law
judge.
(b) This subsection does not apply to a proceeding concerning a
regulated occupation (as defined in IC 25-1-7-1), except for a
proceeding concerning a water well driller (as described in IC 25-39-3)
or an out of state mobile health care entity regulated by the Indiana
department of health. Subject to subsection (d), an individual who is
disqualified under subsection (a)(2) or (a)(3) shall provide the parties
a list of at least three (3) special administrative law judges who meet
the requirements of:
(1) section 9(c) of this chapter, if the case involves an
environmental matter described in section 9(b) of this chapter; or
(2) subject to subsection (d), any other statute or rule governing
qualification to serve an agency.
Subject to subsection (c), the parties may agree to the selection of one
(1) individual from the list.
(c) If the parties do not agree to the selection of an individual as
provided in subsection (b) not later than ten (10) days after the parties
are provided a list of judges under subsection (b), a special
administrative law judge who meets the requirements of subsection (b)
shall be selected under the procedure set forth in Trial Rule 79(D).
(d) This subsection applies after June 30, 2020, to an agency whose
proceedings are subject to the jurisdiction of the office of
administrative law proceedings. If an administrative law judge is
disqualified under this section, the director of the office of
administrative law proceedings shall assign another administrative law
judge.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.32-2011, SEC.3; P.L.205-2019, SEC.10; P.L.56-2023, SEC.27; P.L.9-2024, SEC.98; P.L.128-2024, SEC.7; P.L.92-2025, SEC.3.