§ 8-2.1-22-5 — Witnesses; hearings; orders

Indiana § 8-2.1-22-5

• Jurisdiction: Indiana
• Art. 2.1: MOTOR CARRIER REGULATION
• Ch. 22: Transportation of Passengers and Household Goods

Text

(a) The department, any member of the
department or any authorized representative of the department, may
compel the attendance of witnesses, swear witnesses, take their
testimony under oath, make record of the testimony, and after the
record is made under the direction of a department, administrative law
judge, or authorized representative of the department or the department
may upon the record make an appropriate order.
(b) The department may hear all petitions, applications, or motions
filed with the department. Hearings may be conducted by the
department, by any member of the department, or by any administrative
law judge authorized by the department. In case the hearing is
conducted by an administrative law judge, the administrative law judge
must promptly, but not later than thirty (30) days after the conclusion
of the hearing, unless the time is extended by order of the department:
(1) report to the department the facts established by the evidence;
and
(2) submit a suggested order, showing the findings and a decision
in the order, to the department.
(c) Orders recommended by an administrative law judge must be
held for not less than ten (10) days during which time interested parties
may file written exceptions to the orders. In case no exceptions are
filed, the finding of facts and decision in form of order suggested by the
administrative law judge constitute the order of the department, unless
the department directs otherwise.

Legislative History

As added by P.L.99-1989, SEC.13.