§ 4-21.5-3-27 — Final orders; findings of fact and conclusions of law

Indiana § 4-21.5-3-27

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

Text

(a) If the administrative law judge is the
ultimate authority for the agency, the ultimate authority's order
disposing of a proceeding is a final order. If the administrative law
judge is not the ultimate authority, the administrative law judge's order
disposing of the proceeding becomes a final order when affirmed under
section 29 of this chapter. Regardless of whether the order is final, it
must comply with this section.
(b) This subsection applies only to an order not subject to subsection
(c). The order must include, separately stated, findings of fact for all
aspects of the order, including the remedy prescribed and, if applicable,
the action taken on a petition for stay of effectiveness. Findings of
ultimate fact must be accompanied by a concise statement of the
underlying basic facts of record to support the findings. The order must
also include a statement of the available procedures and time limit for
seeking administrative review of the order (if administrative review is
available) and the procedures and time limits for seeking judicial
review of the order under IC 4-21.5-5.
(c) This subsection applies only to an order of the ultimate authority
entered under IC 13, IC 14, or IC 25. The order must include separately
stated findings of fact and, if a final order, conclusions of law for all
aspects of the order, including the remedy prescribed and, if applicable,
the action taken on a petition for stay of effectiveness. Findings of
ultimate fact must be accompanied by a concise statement of the
underlying basic facts of record to support the findings. Conclusions of
law must consider prior final orders (other than negotiated orders) of
the ultimate authority under the same or similar circumstances if those
prior final orders are raised on the record in writing by a party and must
state the reasons for deviations from those prior orders. The order must
also include a statement of the available procedures and time limit for
seeking administrative review of the order (if administrative review is
available) and the procedures and time limits for seeking judicial
review of the order under IC 4-21.5-5.
(d) Findings must be based exclusively upon the evidence of record
in the proceeding and on matters officially noticed in that proceeding.
Findings must be based upon the kind of evidence that is substantial
and reliable. The administrative law judge's experience, technical
competence, and specialized knowledge may be used in evaluating
evidence.
(e) A substitute administrative law judge may issue the order under
this section upon the record that was generated by a previous
administrative law judge.
(f) The administrative law judge may allow the parties a designated
amount of time after conclusion of the hearing for the submission of
proposed findings.
(g) An order under this section shall be issued in writing within
ninety (90) days after conclusion of the hearing or after submission of
proposed findings in accordance with subsection (f), unless this period
is waived or extended with the written consent of all parties or for good
cause shown.
(h) The administrative law judge shall have copies of the order
under this section delivered to each party and to the ultimate authority
(if it is not rendered by the ultimate authority).

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.25-1997, SEC.1; P.L.2-1998, SEC.10; P.L.128-2024, SEC.8.