§ 4-21.5-3-14 — Record; hearing on motion; burden of proof; standard of review

Indiana § 4-21.5-3-14

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

Text

(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 or the
administrative law judge may direct that the matter be heard wholly or
partly on oral testimony or depositions.
(c) At each stage of the proceeding, the agency or other person
requesting that an agency take action or asserting an affirmative
defense specified by law has the burden of persuasion and the burden
of going forward with the proof of the request or affirmative defense.
Before the hearing on which the party intends to assert it, a party shall,
to the extent possible, disclose any affirmative defense specified by law
on which the party intends to rely. If a prehearing conference is held in
the proceeding, a party notified of the conference shall disclose the
party's affirmative defense in the conference.
(d) The proceedings before an administrative law judge are de novo.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.9; P.L.32-2011, SEC.4.