§ 4-21.5-3-13 — Disqualification; involvement in preadjudicative stage

Indiana § 4-21.5-3-13

• Jurisdiction: Indiana
• Art. 21.5: ADMINISTRATIVE ORDERS AND
• Ch. 3: Adjudicative Proceedings

Text

(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 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.
(c) An individual who has made a determination of probable cause
or other equivalent preliminary determination in a proceeding may
serve as an administrative law judge or assist or advise the
administrative law judge in the same proceeding, unless a party
demonstrates grounds for disqualification under section 10 of this
chapter. This subsection does not apply after June 30, 2020, to an
agency whose proceedings are subject to the jurisdiction of the office
of administrative law proceedings.
(d) An individual may serve as an administrative law judge or a
person presiding under sections 28, 29, 30, and 31 of this chapter at
successive stages of the same proceeding, unless a party demonstrates
grounds for disqualification under section 10 of this chapter. This
subsection does not apply after June 30, 2020, to an agency whose
proceedings are subject to the jurisdiction of the office of
administrative law proceedings.
(e) A violation of this section is subject to the sanctions under
sections 36 and 37 of this chapter.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.205-2019, SEC.11.