reglab/housing_qa huggingface dataset:
IN Code § 4-21.5-3-28 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-28. Final Order; Authority to Issue; Proceedings

Sec. 28. (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).As added by P.L.18-1986, SEC.1. Amended by P.L.13-2021, SEC.3.
IN Code § 4-21.5-3-29 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-29. Orders From Other Than Ultimate Authority; Review by Ultimate Authority; Objections

Sec. 29. (a) This section does not apply if the administrative law judge issuing an order under section 27 of this chapter is the ultimate authority for the agency.(b) After an administrative law judge issues an order under section 27 of this chapter, the ultimate authority or its designee shall issue a final order:(1) affirming;(2) modifying; or(3) dissolving;the administrative law judge's order. The ultimate authority or its designee may remand the matter, with or without instructions, to an administrative law judge for further proceedings.(c) In the absence of an objection or notice under subsection (d) or (e), the ultimate authority or its designee shall affirm the order.(d) To preserve an objection to an order of an administrative law judge for judicial review, a party must not be in default under this chapter and must object to the order in a writing that:(1) identifies the basis of the objection with reasonable particularity; and(2) is filed with the ultimate authority responsible for reviewing the order within fifteen (15) days (or any longer period set by statute) after the order is served on the petitioner.(e) Without an objection under subsection (d), the ultimate authority or its designee may serve written notice of its intent to review any issue related to the order. The notice shall be served on all parties and all other persons described by section 5(d) of this chapter. The notice must identify the issues that the ultimate authority or its designee intends to review.(f) A final order disposing of a proceeding or an order remanding an order to an administrative law judge for further proceedings shall be issued within sixty (60) days after the latter of:(1) the date that the order was issued under section 27 of this chapter;(2) the receipt of briefs; or(3) the close of oral argument;unless the period is waived or extended with the written consent of all parties or for good cause shown.(g) After remand of an order under this section to an administrative law judge, the judge's order is also subject to review under this section.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-30 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-30. Review by Another Agency

Sec. 30. If, under a statute, an agency may review the final order of another agency, the review shall be treated as if it was a continuous proceeding before a single agency. For the purposes of this review and the application of section 3 of this chapter concerning the effectiveness of an order, a final order of the first agency shall be treated as a nonfinal order of an administrative law judge, and the second agency shall review the order under section 29 of this chapter. To preserve an issue for judicial review, a party must comply with section 29(d) of this chapter before the second agency. The ultimate authority for the second agency or its designee may conduct proceedings under section 31 of this chapter.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-31 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-31. Modification of Final Order

Sec. 31. (a) An agency has jurisdiction to modify a final order under this section before the earlier of the following:(1) Thirty (30) days after the agency has served the final order under section 27, 29, or 30 of this chapter.(2) Another agency assumes jurisdiction over the final order under section 30 of this chapter.(3) A court assumes jurisdiction over the final order under IC 4-21.5-5.(b) A party may petition the ultimate authority for an agency for a stay of effectiveness of a final order. The ultimate authority or its designee may, before or after the order becomes effective, stay the final order in whole or in part.(c) A party may petition the ultimate authority for an agency for a rehearing of a final order. The ultimate authority or its designee may grant a petition for rehearing only if the petitioning party demonstrates that:(1) the party is not in default under this chapter;(2) newly discovered material evidence exists; and(3) the evidence could not, by due diligence, have been discovered and produced at the hearing in the proceeding.The rehearing may be limited to the issues directly affected by the newly discovered evidence. If the rehearing is conducted by a person other than the ultimate authority, section 29 of this chapter applies to review of the order resulting from the rehearing.(d) Clerical mistakes and other errors resulting from oversight or omission in a final order or other part of the record of a proceeding may be corrected by an ultimate authority or its designee on the motion of any party or on the motion of the ultimate authority or its designee.(e) An action of a petitioning party or an agency under this section neither tolls the period in which a party may object to a second agency under section 30 of this chapter nor tolls the period in which a party may petition for judicial review under IC 4-21.5-5. However, if a rehearing is granted under subsection (c), these periods are tolled and a new period begins on the date that a new final order is served.As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.14.
IN Code § 4-21.5-3-32 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-32. Final Orders; Public Inspection; Indexing; Deletions; Precedent

Sec. 32. (a) Each agency shall make all written final orders available for public inspection and copying under IC 5-14-3. The agency shall index final orders that are issued after June 30, 1987, by name and subject. An agency shall index an order issued before July 1, 1987, if a person submits a written request to the agency that the order be indexed. An agency shall delete from these orders identifying details to the extent required by IC 5-14-3 or other law. In each case, the justification for the deletion must be explained in writing and attached to the order.(b) An agency may not rely on a written final order as precedent to the detriment of any person until the order has been made available for public inspection and indexed in the manner described in subsection (a). However, this subsection does not apply to any person who has actual timely knowledge of the order. The burden of proving that knowledge is on the agency.As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.15.
IN Code § 4-21.5-3-33 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-33. Records

Sec. 33. (a) An agency shall maintain an official record of each proceeding under this chapter.(b) The agency record of the proceeding consists only of the following:(1) Notices of all proceedings.(2) Any prehearing order.(3) Any motions, pleadings, briefs, petitions, requests, and intermediate rulings.(4) Evidence received or considered.(5) A statement of matters officially noticed.(6) Proffers of proof and objections and rulings on them.(7) Proposed findings, requested orders, and exceptions.(8) The record prepared for the administrative law judge or for the ultimate authority or its designee under sections 28 through 31 of this chapter, at a hearing, and any transcript of the record considered before final disposition of the proceeding.(9) Any final order, nonfinal order, or order on rehearing.(10) Staff memoranda or data submitted to the administrative law judge or a person presiding in a proceeding under sections 28 through 31 of this chapter.(11) Matters placed on the record after an ex parte communication.(c) Except to the extent that a statute provides otherwise, the agency record described by subsection (b) constitutes the exclusive basis for agency action in proceedings under this chapter and for judicial review of a proceeding under this chapter.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-34 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-34. Informal Procedures; Rules; Final Orders

Sec. 34. (a) An agency is encouraged to develop informal procedures that are consistent with this article and make unnecessary more elaborate proceedings under this article.(b) An agency may adopt rules, under IC 4-22-2, setting specific procedures to facilitate informal settlement of matters. The procedures must be consistent with this article.(c) This section does not require any person to settle a matter under the agency's informal procedures.(d) This subsection does not apply to a proceeding before the state ethics commission (created by IC 4-2-6-2) or a proceeding concerning a regulated occupation (as defined in IC 25-1-7-1), except for a proceeding concerning a water well driller (as described in IC 25-39-3) or an out of state mobile health care entity regulated by the state department of health. When a matter is settled without the need for more elaborate proceedings under this section, the ultimate authority or its designee shall issue the order agreed to by the parties as a final order under this article.(e) When the final order referred to in subsection (d) involves the modification of a permit issued under IC 13, the administrative law judge:(1) shall remand the permit to the issuing agency with instructions to modify the permit in accordance with the final order; and(2) retains jurisdiction over any appeals of the modified permit.Only those terms of the permit that are the subject of the final order shall be modified and subject to public notice and comment.(f) Any petition for administrative review under this chapter concerning permit modification under subsection (e) is limited to only those terms of the permit modified in accordance with the final order issued under subsection (d).As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.16; P.L.32-2011, SEC.6.
IN Code § 4-21.5-3-35 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-35. Additional Procedural Rights; Rules

Sec. 35. An agency may grant procedural rights to persons in addition to those conferred by this article so long as the rights conferred upon other persons by any law are not substantially prejudiced. The agency may adopt rules, under IC 4-22-2, concerning the nature and requirements of all procedures for requesting a proceeding or engaging in a proceeding, so long as the rules are not inconsistent with this article.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-36 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-36. Persons Presiding in Proceedings; Violations

Sec. 36. An individual who:(1) is serving alone or with others as an administrative law judge or as a person presiding in a proceeding under sections 28 through 31 of this chapter; and(2) knowingly or intentionally violates section 11, 12, or 13 of this chapter;commits a Class A misdemeanor.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-37 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-37. Aiding in Violation

Sec. 37. A person who:(1) aids, induces, or causes an individual serving alone or with others as an administrative law judge or as a person presiding in a proceeding under sections 28 through 31 of this chapter to violate section 11, 12, or 13 of this chapter; and(2) acts with the intent to:(A) have the individual described in subdivision (1) disqualified from serving in a proceeding; or(B) influence the individual described in subdivision (1) with respect to any issue in a proceeding;commits a Class A misdemeanor.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3.5-1 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-1. Mediation Guidelines; Procedural Rights; Rules

Sec. 1. (a) Except as provided in subsections (b) and (c), the mediation guidelines adopted by rule under this chapter must supplement the procedural rights established by this article.(b) An agency described in IC 4-21.5-2-4 that is exempt from administrative orders and procedures required under IC 4-21.5 may adopt rules consistent with this chapter for the use of mediation to resolve proceedings.(c) An agency may elect to use the mediation provisions of this chapter for determinations described in IC 4-21.5-2-6 that are exempt from the administrative orders and procedures required under IC 4-21.5.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-2 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-2. Appropriateness of Mediation; Rules

Sec. 2. (a) For each type of administrative proceeding, the ultimate authority shall determine whether mediation is an appropriate means of alternative dispute resolution.(b) For proceedings that an ultimate authority determines to be appropriate for mediation, the agency may adopt rules under IC 4-22-2 to implement this chapter. The rules, to the extent possible, shall not be inconsistent with Rule 2 of the Indiana Supreme Court Rules for Alternative Dispute Resolution.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-3 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-3. Agreement to Mediate

Sec. 3. Before a proceeding is initiated, an agency and a person who may be the subject of an agency action may agree to use mediation to resolve a dispute.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-4 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-4. Immunity of Mediator

Sec. 4. A mediator, co-mediator, or team mediator appointed and acting under this chapter has immunity in the same manner and to the same extent as a judge having jurisdiction in Indiana.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-5. Selection of Proceeding for Mediation; Objections

Sec. 5. (a) If a proceeding is of a type that has been identified as appropriate for alternative dispute resolution under section 2 of this chapter, the administrative law judge assigned to the proceeding may, on the administrative law judge's own motion or upon motion of any party, select the proceeding for mediation.(b) Not more than fifteen (15) days after an order of selection for mediation, a party may object by filing a written objection specifying the grounds. The administrative law judge shall promptly consider an objection to mediation and any response to the objection and shall reconsider whether the proceeding is appropriate for mediation.(c) In considering an order for mediation under this section, the administrative law judge shall consider:(1) the willingness of the parties to mutually resolve their dispute;(2) the ability of the parties to participate in the mediation process;(3) the need for discovery and the extent to which it has been conducted; and(4) any other factors that affect the potential for fair resolution of the dispute through the mediation process.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-6 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-6. Selection of Mediator by Agreement of Parties

Sec. 6. (a) If a proceeding is conducted by mediation, the administrative law judge assigned to the proceeding shall within fifteen (15) days after the date of the order for mediation make available to the parties, at no cost, a mediator who is qualified under section 8 of this chapter, or the parties may elect to use, at their own cost, an outside mediator who is:(1) qualified under section 8 of this chapter; and(2) approved by the administrative law judge assigned to the proceeding.(b) If a mediator is not selected by agreement or choice under subsection (a), the administrative law judge assigned to the proceeding shall designate three (3) mediators from the approved list of mediators described in subsection 7(d) and allow fifteen (15) days for alternate striking by each side. The party initiating the proceeding shall strike first. The mediator remaining after the striking process is the mediator.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-7 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-7. Application to Mediate; List of Approved Mediators

Sec. 7. (a) A person, other than agency personnel, who wishes to serve as a mediator under this chapter shall file an application with the ultimate authority or its designee describing the type of proceeding in which the person desires to serve as a mediator and setting forth qualifications as required by section 8 of this chapter and the rules adopted under this chapter.(b) A mediator must reapply if required by the rules.(c) The administrative law judge assigned to a proceeding may allow mediation teams and co-mediators.(d) The ultimate authority or its designee that uses mediation for dispute resolution shall maintain a list of approved mediators and the types of proceedings in which each mediator is authorized to serve. A mediator may be removed from the approved list for good cause, after a hearing.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-8 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-8. Qualifications of Mediator; Agreement of Parties on Mediator

Sec. 8. (a) Except as provided in subsection (b), a person who applies to be a mediator under this chapter must be qualified as a mediator under Rule 2.5 of the Indiana Supreme Court Rules for Alternative Dispute Resolution.(b) Subject to approval of the administrative law judge, the parties may agree on any person to serve as a mediator.As added by P.L.16-1996, SEC.1. Amended by P.L.114-2008, SEC.1.
IN Code § 4-21.5-3.5-9 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-9. Guidelines for Mediator Selection if Parties Do Not Agree

Sec. 9. If rules are adopted under section 2 of this chapter, the rules must include guidelines for selection of a mediator for the ultimate authority when there is no appropriate mediator or listed mediator available and the parties cannot agree on an unlisted mediator.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-10 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-10. Choice Not to Serve as Mediator

Sec. 10. A person selected to serve as a mediator under this chapter may choose not to serve for any reason.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-11 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-11. Replacement of Mediator

Sec. 11. At any time, a party to a proceeding may request that the administrative law judge replace the mediator of the proceeding for good cause.As added by P.L.16-1996, SEC.1.
IN Code § 4-21.5-3.5-12 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3.5. Mediation|4-21.5-3.5-12. Effect if Mediator Chooses Not to Serve

Sec. 12. If a mediator chooses not to serve or the administrative law judge decides to replace a mediator, the mediator selection process described in this chapter shall be repeated.As added by P.L.16-1996, SEC.1.