§ 4-21.5-3-20 — Hearing; time and place; notice

Indiana § 4-21.5-3-20

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

Text

(a) The administrative law judge for the
hearing shall set the time and place of the hearing and give reasonable
written notice to all parties and to all persons who have filed written
petitions to intervene in the matter. Unless a shorter notice is required
to comply with any law or is stipulated by all parties and persons filing
written requests for intervention, an agency shall give at least five (5)
days notice of the hearing.
(b) The notice must include a copy of any prehearing order rendered
in the matter.
(c) To the extent not included in a prehearing order accompanying
it the initial hearing notice in a proceeding must include the following:
(1) The names and mailing addresses of all parties and other
persons to whom notice is being given by the administrative law
judge.
(2) The name, official title, and mailing address of any counsel or
employee who has been designated to appear for the agency and
a telephone number through which the counsel or employee can
be reached.
(3) The official file or other reference number, the name of the
proceeding, and a general description of the subject matter.
(4) A statement of the time, place, and nature of the hearing.
(5) A statement of the legal authority and jurisdiction under which
the hearing is to be held.
(6) The name, official title, and mailing address of the
administrative law judge and a telephone number through which
information concerning hearing schedules and procedures may be
obtained.
(7) A statement of the issues involved and, to the extent known to
the administrative law judge, of the matters asserted by the
parties.
(8) A statement that a party who fails to attend or participate in a
prehearing conference, hearing, or other later stage of the
proceeding may be held in default or have a proceeding dismissed
under section 24 of this chapter.
(d) Subsequent hearing notices in the proceeding may omit the
information described in subsections (c)(1), (c)(2), (c)(5), and (c)(8).
(e) Any notice under this section may include any other matters the
administrative law judge considers desirable to expedite the
proceedings.
(f) The administrative law judge shall give notice to persons other
than parties and petitioners for intervention who are entitled to notice
under any law. Notice under this subsection may include all types of
information provided in subsections (a) through (e) or may consist of
a brief statement indicating:
(1) the subject matter, parties, time, place, and nature of the
hearing;
(2) the manner in which copies of the notice to the parties may be
inspected and copied;
(3) the name of the administrative law judge; and
(4) a telephone number through which information concerning
proceeding hearing schedules and procedures may be obtained.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.11.