Indiana § 4-21.5-3-24 Default or dismissal

Indiana Statutes

§ 4-21.5-3-24 — Default or dismissal

Indiana § 4-21.5-3-24

Art. 21.5ADMINISTRATIVE ORDERS AND

Ch. 3Adjudicative Proceedings

This text of Indiana § 4-21.5-3-24 (Default or dismissal) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 4-21.5-3-24 (2026).

Text

(a)At any stage of a proceeding, if a party fails to:

(1)satisfy the requirements of section 7(a) of this chapter;

(2)file a responsive pleading required by statute or rule;

(3)attend or participate in a prehearing conference, hearing, or other stage of the proceeding; or

(4)take action on a matter for a period of sixty (60) days, if the party is responsible for taking the action; the administrative law judge may serve upon all parties written notice of a proposed default or dismissal order, including a statement of the grounds.

(b)Within seven (7) days after service of a proposed default or dismissal order, the party against whom it was issued may file a written motion requesting that the proposed default order not be imposed and stating the grounds relied upon. During the time with

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(a) At any stage of a proceeding, if a party
fails to:
(1) satisfy the requirements of section 7(a) of this chapter;
(2) file a responsive pleading required by statute or rule;
(3) attend or participate in a prehearing conference, hearing, or
other stage of the proceeding; or
(4) take action on a matter for a period of sixty (60) days, if the
party is responsible for taking the action;
the administrative law judge may serve upon all parties written notice
of a proposed default or dismissal order, including a statement of the
grounds.
(b) Within seven (7) days after service of a proposed default or
dismissal order, the party against whom it was issued may file a written
motion requesting that the proposed default order not be imposed and
stating the grounds relied upon. During the time within which a party
may file a written motion under this subsection, the administrative law
judge may adjourn the proceedings or conduct them without the
participation of the party against whom a proposed default order was
issued, having due regard for the interest of justice and the orderly and
prompt conduct of the proceedings.
(c) If the party has failed to file a written motion under subsection
(b), the administrative law judge shall issue the default or dismissal
order. If the party has filed a written motion under subsection (b), the
administrative law judge may either enter the order or refuse to enter
the order.
(d) After issuing a default order, the administrative law judge shall
conduct any further proceedings necessary to complete the proceeding
without the participation of the party in default and shall determine all
issues in the adjudication, including those affecting the defaulting
party. The administrative law judge may conduct proceedings in
accordance with section 23 of this chapter to resolve any issue of fact.