reglab/housing_qa huggingface dataset:
IN Code § 4-21.5-3-13 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-13. Disqualification; Involvement in Preadjudicative Stage

Sec. 13. (a) An individual who has served as investigator, prosecutor, or advocate in a proceeding or in its preadjudicative stage may not serve as an administrative law judge or assist or advise the administrative law judge in the same proceeding.(b) An individual who is subject to the authority, direction, or discretion of an individual who has served as investigator, prosecutor, or advocate in a proceeding or in its preadjudicative stage may not serve as an administrative law judge or assist or advise the administrative law judge in the same proceeding.(c) An individual who has made a determination of probable cause or other equivalent preliminary determination in a proceeding may serve as an administrative law judge or assist or advise the administrative law judge in the same proceeding, unless a party demonstrates grounds for disqualification under section 10 of this chapter. This subsection does not apply after June 30, 2020, to an agency whose proceedings are subject to the jurisdiction of the office of administrative law proceedings.(d) An individual may serve as an administrative law judge or a person presiding under sections 28, 29, 30, and 31 of this chapter at successive stages of the same proceeding, unless a party demonstrates grounds for disqualification under section 10 of this chapter. This subsection does not apply after June 30, 2020, to an agency whose proceedings are subject to the jurisdiction of the office of administrative law proceedings.(e) A violation of this section is subject to the sanctions under sections 36 and 37 of this chapter.As added by P.L.18-1986, SEC.1. Amended by P.L.205-2019, SEC.11.
IN Code § 4-21.5-3-14 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-14. Record; Hearing on Motion; Burden of Proof; Standard of Review

Sec. 14. (a) An administrative law judge conducting a proceeding shall keep a record of the administrative law judge's proceedings under this article.(b) If a motion is based on facts not otherwise appearing in the record for the proceeding, the administrative law judge may hear the matter on affidavits presented by the respective parties or the administrative law judge may direct that the matter be heard wholly or partly on oral testimony or depositions.(c) At each stage of the proceeding, the agency or other person requesting that an agency take action or asserting an affirmative defense specified by law has the burden of persuasion and the burden of going forward with the proof of the request or affirmative defense. Before the hearing on which the party intends to assert it, a party shall, to the extent possible, disclose any affirmative defense specified by law on which the party intends to rely. If a prehearing conference is held in the proceeding, a party notified of the conference shall disclose the party's affirmative defense in the conference.(d) The proceedings before an administrative law judge are de novo.As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.9; P.L.32-2011, SEC.4.
IN Code § 4-21.5-3-15 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-15. Participation in Proceeding

Sec. 15. (a) Any party may participate in a proceeding in person or, if the party is not an individual or is incompetent to participate, by a duly authorized representative.(b) Whether or not participating in person, any party may be advised and represented at the party's own expense by counsel or, unless prohibited by law, by another representative.As added by P.L.18-1986, SEC.1. Amended by P.L.33-1989, SEC.3.
IN Code § 4-21.5-3-16 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-16. Interpreters

Sec. 16. (a) A person who:(1) cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons; and(2) is a party or witness in any proceeding under this article;is entitled to an interpreter to assist the person throughout the proceeding under this article.(b) The interpreter may be retained by the person or may be appointed by the agency before which the proceeding is pending. If an interpreter is appointed by the agency, the fee for the services of the interpreter shall be set by the agency. The fee shall be paid from any funds available to the agency or be paid in any other manner ordered by the agency.(c) Any agency may inquire into the qualifications and integrity of any interpreter and may disqualify any person from serving as an interpreter.(d) Every interpreter for another person in a proceeding shall take the following oath:Do you affirm, under penalties of perjury, that you will justly, truly, and impartially interpret to _______ the oath about to be administered to him (or her), the questions that may be asked him (or her), and the answers that he (or she) shall give to the questions, relative to the cause now under consideration before this agency?(e) IC 35-44.1-2-1 concerning perjury applies to an interpreter.As added by P.L.18-1986, SEC.1. Amended by P.L.126-2012, SEC.13; P.L.215-2016, SEC.89.
IN Code § 4-21.5-3-17 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-17. Opportunity to File Documents; Copies

Sec. 17. (a) The administrative law judge, at appropriate stages of a proceeding, shall give all parties full opportunity to file pleadings, motions, and objections and submit offers of settlement.(b) The administrative law judge, at appropriate stages of a proceeding, may give all parties full opportunity to file briefs, proposed findings of fact, and proposed orders.(c) A party shall serve copies of any filed item on all parties.(d) The administrative law judge shall serve copies of all notices, orders, and other papers generated by the administrative law judge on all parties. The administrative law judge shall give notice of preliminary hearings, prehearing conferences, hearings, stays, and orders disposing of the proceeding to persons described by section 5(d) of this chapter.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-18 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-18. Prehearing Conference; Notice

Sec. 18. (a) The administrative law judge for the hearing, subject to the agency's rules, may, on the administrative law judge's own motion, and shall, on the motion of a party, conduct a prehearing conference. The administrative law judge may deny a motion for a prehearing conference if the administrative law judge has previously conducted a prehearing conference in the proceeding.(b) This section and section 19 of this chapter apply if the conference is conducted.(c) The administrative law judge for the prehearing conference shall set the time and place of the conference and give reasonable written notice to the following:(1) All parties.(2) All persons who have filed written petitions to intervene in the matter.(3) All persons entitled to notice under any law.(d) The initial prehearing conference notice in a proceeding must include the following:(1) The names and mailing addresses of all known parties and other persons to whom notice is being given by the administrative law judge.(2) The names and mailing addresses of all publications used to provide notice under this section.(3) The name, official title, and mailing address of any counsel or employee who has been designated to appear for the agency and a telephone number through which the counsel or employee can be reached.(4) The official file or other reference number, the name of the proceeding, and a general description of the subject matter.(5) A statement of the time, place, and nature of the prehearing conference.(6) A statement of the legal authority and jurisdiction under which the prehearing conference and the hearing are to be held.(7) The name, official title, and mailing address of the administrative law judge for the prehearing conference and a telephone number through which information concerning hearing schedules and procedures may be obtained.(8) A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other later stage of the proceeding may be held in default or have a proceeding dismissed under section 24 of this chapter.(e) Any subsequent prehearing conference notice in the proceeding may omit the information described in subsections (d)(1), (d)(2), (d)(3), (d)(6), and (d)(8).(f) Any notice under this section may include any other matters that the administrative law judge considers desirable to expedite the proceedings.As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.10.
IN Code § 4-21.5-3-19 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-19. Prehearing Conference; Electronic Means; Matters Considered; Prehearing Order on Pleadings

Sec. 19. (a) This section and section 18 of this chapter apply to prehearing conferences.(b) To expedite a decision on pending motions and other issues, the administrative law judge may conduct all or part of the prehearing conference by telephone, television, or other electronic means if each participant in the conference has an opportunity:(1) to participate in;(2) to hear; and(3) if technically feasible, to see;the entire proceeding while it is taking place.(c) The administrative law judge shall conduct the prehearing conference, as may be appropriate, to deal with such matters as the following:(1) Resolution of the issues in the proceeding under section 23 of this chapter.(2) Exploration of settlement possibilities.(3) Preparation of stipulations.(4) Clarification of issues.(5) Rulings on identity and limitation of the number of witnesses.(6) Objections to proffers of evidence.(7) A determination of the extent to which direct evidence, rebuttal evidence, or cross-examination will be presented in written form.(8) The order of presentation of evidence and cross-examination.(9) Rulings regarding issuance of subpoenas, discovery orders, and protective orders.(10) Such other matters as will promote the orderly and prompt conduct of the hearing.The administrative law judge shall issue a prehearing order incorporating the matters determined at the prehearing conference.(d) If a prehearing conference is not held, the administrative law judge for the hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the proceedings.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-20 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-20. Hearing; Time and Place; Notice

Sec. 20. (a) The administrative law judge for the hearing shall set the time and place of the hearing and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. Unless a shorter notice is required to comply with any law or is stipulated by all parties and persons filing written requests for intervention, an agency shall give at least five (5) days notice of the hearing.(b) The notice must include a copy of any prehearing order rendered in the matter.(c) To the extent not included in a prehearing order accompanying it the initial hearing notice in a proceeding must include the following:(1) The names and mailing addresses of all parties and other persons to whom notice is being given by the administrative law judge.(2) The name, official title, and mailing address of any counsel or employee who has been designated to appear for the agency and a telephone number through which the counsel or employee can be reached.(3) The official file or other reference number, the name of the proceeding, and a general description of the subject matter.(4) A statement of the time, place, and nature of the hearing.(5) A statement of the legal authority and jurisdiction under which the hearing is to be held.(6) The name, official title, and mailing address of the administrative law judge and a telephone number through which information concerning hearing schedules and procedures may be obtained.(7) A statement of the issues involved and, to the extent known to the administrative law judge, of the matters asserted by the parties.(8) A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other later stage of the proceeding may be held in default or have a proceeding dismissed under section 24 of this chapter.(d) Subsequent hearing notices in the proceeding may omit the information described in subsections (c)(1), (c)(2), (c)(5), and (c)(8).(e) Any notice under this section may include any other matters the administrative law judge considers desirable to expedite the proceedings.(f) The administrative law judge shall give notice to persons other than parties and petitioners for intervention who are entitled to notice under any law. Notice under this subsection may include all types of information provided in subsections (a) through (e) or may consist of a brief statement indicating:(1) the subject matter, parties, time, place, and nature of the hearing;(2) the manner in which copies of the notice to the parties may be inspected and copied;(3) the name of the administrative law judge; and(4) a telephone number through which information concerning proceeding hearing schedules and procedures may be obtained.As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.11.
IN Code § 4-21.5-3-21 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-21. Petition for Intervention

Sec. 21. (a) Before the beginning of the hearing on the subject of the proceeding, the administrative law judge shall grant a petition for intervention in a proceeding and identify the petitioner in the record of the proceeding as a party if:(1) the petition:(A) is submitted in writing to the administrative law judge, with copies mailed to all parties named in the record of the proceeding; and(B) states facts demonstrating that a statute gives the petitioner an unconditional right to intervene in the proceeding; or(2) the petition:(A) is submitted in writing to the administrative law judge, with copies mailed to all parties named in the record of the proceeding, at least three (3) days before the hearing; and(B) states facts demonstrating that the petitioner is aggrieved or adversely affected by the order or a statute gives the petitioner a conditional right to intervene in the proceeding.(b) The administrative law judge, at least twenty-four (24) hours before the beginning of the hearing, shall issue an order granting or denying each pending petition for intervention.(c) After the beginning of the hearing on the subject of the proceeding, but before the close of evidence in the hearing, anyone may be permitted to intervene in the proceeding if:(1) a statute confers a conditional right to intervene or an applicant's claim or defense and the main action have a question of law or fact in common; and(2) the administrative law judge determines that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention.In exercising its discretion, the administrative law judge shall consider whether the intervention will unduly delay or prejudice the adjudication of the legal interests of any of the parties.(d) An order granting or denying a petition for intervention must specify any condition and briefly state the reasons for the order. The administrative law judge may modify the order at any time, stating the reasons for the modification. The administrative law judge shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties.As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.12.
IN Code § 4-21.5-3-22 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-22. Administrative Orders; Enforcement

Sec. 22. (a) The administrative law judge at the request of any party or an agency shall, and upon the administrative law judge's own motion may, issue:(1) subpoenas;(2) discovery orders; and(3) protective orders;in accordance with the rules of procedure governing discovery, depositions, and subpoenas in civil actions in the courts.(b) The party seeking the order shall serve the order in accordance with these rules of procedure. If ordered by the administrative law judge, the sheriff in the county in which the order is to be served shall serve the subpoena, discovery order, or protective order.(c) Subpoenas and orders issued under this section may be enforced under IC 4-21.5-6.As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-23 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-23. Summary Judgment

Sec. 23. (a) A party may, at any time after a matter is assigned to an administrative law judge, move for a summary judgment in the party's favor as to all or any part of the issues in a proceeding.(b) Except as otherwise provided in this section, an administrative law judge shall consider a motion filed under subsection (a) as would a court that is considering a motion for summary judgment filed under Trial Rule 56 of the Indiana Rules of Trial Procedure.(c) Service of the motion and any response to the motion, including supporting affidavits, shall be performed as provided in this article.(d) Sections 28 and 29 of this chapter apply to an order granting summary judgment that disposes of all issues in a proceeding.As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.13; P.L.5-1988, SEC.27; P.L.32-2011, SEC.5.
IN Code § 4-21.5-3-24 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-24. Default or Dismissal

Sec. 24. (a) At any stage of a proceeding, if a party fails to:(1) satisfy the requirements of section 7(a) of this chapter;(2) file a responsive pleading required by statute or rule;(3) attend or participate in a prehearing conference, hearing, or other stage of the proceeding; or(4) take action on a matter for a period of sixty (60) days, if the party is responsible for taking the action;the administrative law judge may serve upon all parties written notice of a proposed default or dismissal order, including a statement of the grounds.(b) Within seven (7) days after service of a proposed default or dismissal order, the party against whom it was issued may file a written motion requesting that the proposed default order not be imposed and stating the grounds relied upon. During the time within which a party may file a written motion under this subsection, the administrative law judge may adjourn the proceedings or conduct them without the participation of the party against whom a proposed default order was issued, having due regard for the interest of justice and the orderly and prompt conduct of the proceedings.(c) If the party has failed to file a written motion under subsection (b), the administrative law judge shall issue the default or dismissal order. If the party has filed a written motion under subsection (b), the administrative law judge may either enter the order or refuse to enter the order.(d) After issuing a default order, the administrative law judge shall conduct any further proceedings necessary to complete the proceeding without the participation of the party in default and shall determine all issues in the adjudication, including those affecting the defaulting party. The administrative law judge may conduct proceedings in accordance with section 23 of this chapter to resolve any issue of fact.As added by P.L.18-1986, SEC.1. Amended by P.L.72-2014, SEC.5.
IN Code § 4-21.5-3-26 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-26. Conduct of Hearing; Evidence

Sec. 26. (a) This section and section 25 of this chapter govern the conduct of any hearing conducted by an administrative law judge. Upon proper objection, the administrative law judge shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the courts. In the absence of proper objection, the administrative law judge may exclude objectionable evidence. The administrative law judge may admit hearsay evidence. If not objected to, the hearsay evidence may form the basis for an order. However, if the evidence is properly objected to and does not fall within a recognized exception to the hearsay rule, the resulting order may not be based solely upon the hearsay evidence.(b) All testimony of parties and witnesses must be made under oath or affirmation.(c) Statements presented by nonparties in accordance with section 25 of this chapter may be received as evidence.(d) Any part of the evidence may be received in written form if doing so will expedite the hearing without substantial prejudice to the interests of any party.(e) Documentary evidence may be received in the form of a copy or excerpt. Upon request, parties shall be given an opportunity to compare the copy with the original if available.(f) Official notice may be taken of the following:(1) Any fact that could be judicially noticed in the courts.(2) The record of other proceedings before the agency.(3) Technical or scientific matters within the agency's specialized knowledge.(4) Codes or standards that have been adopted by an agency of the United States or this state.(g) Parties must be:(1) notified before or during the hearing, or before the issuance of any order that is based in whole or in part on facts or material noticed under subsection (f), of the specific facts or material noticed, and the source of the facts or material noticed, including any staff memoranda and data; and(2) afforded an opportunity to contest and rebut the facts or material noticed under subsection (f).As added by P.L.18-1986, SEC.1.
IN Code § 4-21.5-3-27.5 (2021)
2021 Indiana Code|Title 4. State Offices and Administration|Article 21.5. Administrative Orders and Procedures|Chapter 3. Adjudicative Proceedings|4-21.5-3-27.5. Attorney's Fees

Sec. 27.5. In a proceeding under this chapter concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred in the proceeding by the party challenging the agency action if the party challenging the agency action proves, by a preponderance of the evidence, that:(1) the agency's action was frivolous or groundless; or(2) the agency pursued the action in bad faith.As added by P.L.199-2021, SEC.1.