§ 4-21.5-3-3 — Notice of orders; additional proceedings; effectiveness; stays

Indiana § 4-21.5-3-3

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

Text

(a) An agency shall give notice concerning an
order under section 4, 5, 6, or 8 of this chapter. An agency shall
conduct additional proceedings under this chapter if required by
section 7 or 8 of this chapter. However, IC 4-21.5-4 applies to the
notice and proceedings necessary for emergency and other temporary
orders.
(b) Notwithstanding IC 1-1-4-1, if:
(1) a panel of individuals responsible for an agency action has a
quorum of its members present, as specified by law; and
(2) a statute other than IC 1-1-4-1 does not specify the number of
votes necessary to take an agency action;
the panel may take the action by an affirmative vote of a majority of the
members present and voting. For the purposes of this subsection, a
member abstaining on a vote is not voting on the action.
(c) An order is effective when it is issued as a final order under this
chapter, except to the extent that:
(1) a different date is set by this article;
(2) a later date is set by an agency in its order; or
(3) an order is stayed.
(d) After an order becomes effective, an agency may suspend the
effect of an order, in whole or in part, by staying the order under this
chapter.
(e) A party to an order may be required to comply with an order only
after the party has been served with the order or has actual knowledge
of the order.

Legislative History

As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.3.