§ 4-21.5-3-28 — Final order; authority to issue; proceedings

Indiana § 4-21.5-3-28

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

Text

(a) This section applies to proceedings
under sections 29, 30, and 31 of this chapter.
(b) The ultimate authority or its designee shall conduct proceedings
to issue a final order. A designee may be selected in advance of the
commencement of any particular proceeding for a generally described
class of proceedings or may be selected for a particular proceeding. A
general designation may provide procedures for the assignment of
designated individuals to particular proceedings. The ultimate authority
may designate the office of administrative law proceedings to conduct
the proceedings to issue a final order as provided in IC 4-15-10.5-12.
(c) Any individual serving alone or with others in a proceeding may
be disqualified for any of the reasons that an administrative law judge
may be disqualified. The procedures in section 9 of this chapter apply
to the disqualification and substitution of the individual.
(d) Motions and petitions submitted by a party to the ultimate
authority shall be served on each party to the proceeding and to any
person described by section 5(d) of this chapter.
(e) In the conduct of its proceedings, the ultimate authority or its
designee shall afford each party an opportunity to present briefs. The
ultimate authority or its designee may:
(1) afford each party an opportunity to present oral argument;
(2) have a transcript prepared, at the agency's expense, of any
portion of the record of a proceeding that the ultimate authority or
its designee considers necessary;
(3) exercise the powers of an administrative law judge to hear
additional evidence under sections 25 and 26 of this chapter; or
(4) allow nonparties to participate in a proceeding in accordance
with section 25 of this chapter.
Sections 15 and 16 of this chapter concerning representation and
interpreters apply to the proceedings of the ultimate authority or its
designee.
(f) Notices and orders of the ultimate authority or its designee shall
be served on all parties and all other persons who have requested notice
under section 5 of this chapter.
(g) The final order of the ultimate authority or its designee must:
(1) identify any differences between the final order and the
nonfinal order issued by the administrative law judge under
section 27 of this chapter;
(2) include findings of fact meeting the standards of section 27 of
this chapter or incorporate the findings of fact in the
administrative law judge's order by express reference to the order;
and
(3) briefly explain the available procedures and time limit for
seeking administrative review of the final order by another agency
under section 30 of this chapter (if any is available).

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.13-2021, SEC.3.