§ 4-21.5-3-25 — Conduct of hearing; procedure

Indiana § 4-21.5-3-25

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

Text

(a) This section and section 26 of this
chapter govern the conduct of any hearing held by an administrative
law judge.
(b) The administrative law judge shall regulate the course of the
proceedings in conformity with any prehearing order and in an informal
manner without recourse to the technical, common law rules of
evidence applicable to civil actions in the courts.
(c) To the extent necessary for full disclosure of all relevant facts
and issues, the administrative law judge shall afford to all parties the
opportunity to respond, present evidence and argument, conduct
cross-examination, and submit rebuttal evidence, except as restricted
by a limitation under subsection (d) or by the prehearing order.
(d) The administrative law judge may, after a prehearing order is
issued under section 19 of this chapter, impose conditions upon a party
necessary to avoid unreasonably burdensome or repetitious
presentations by the party, such as the following:
(1) Limiting the party's participation to designated issues in which
the party has a particular interest demonstrated by the petition.
(2) Limiting the party's use of discovery, cross-examination, and
other procedures so as to promote the orderly, prompt, and just
conduct of the proceeding.
(3) Requiring two (2) or more parties to combine their
presentations of evidence and argument, cross-examination,
discovery, and other participation in the proceedings.
If a person is allowed to intervene in the proceeding after the
commencement of a hearing under this section, the administrative law
judge may prohibit the intervener from recalling any witness who has
been heard or reopening any matter that has been resolved, unless the
intervener did not receive a notice required by this chapter or the
intervener presents facts that demonstrate that fraud, perjury, or an
abuse of discretion has occurred. Any proceedings conducted before
the giving of a notice required by this chapter are voidable upon the
motion of the party who failed to receive the notice.
(e) The administrative law judge may administer oaths and
affirmations and rule on any offer of proof or other motion.
(f) The administrative law judge may give nonparties an opportunity
to present oral or written statements. If the administrative law judge
proposes to consider a statement by a nonparty, the judge shall give all
parties an opportunity to challenge or rebut it and, on motion of any
party, the judge shall require the statement to be given under oath or
affirmation.
(g) The administrative law judge shall have the hearing recorded at
the agency's expense. The agency is not required, at its expense, to
prepare a transcript, unless required to do so by law. Any party, at the
party's expense, may cause a reporter approved by the agency to
prepare a transcript from the agency's record, or cause additional
recordings to be made during the hearing if the making of the
additional recordings does not cause distraction or disruption.
Notwithstanding IC 5-14-3-8, an agency may charge a person who
requests that an agency provide a transcript (other than for judicial
review under IC 4-21.5-5-13) the reasonable costs of preparing the
transcript.

Legislative History

As added by P.L.18-1986, SEC.1.