reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 4. State Offices and Administration › Article 20.5. State Real Property › Chapter 22. Planting Grasses and Other Plants for Energy Production › 4-20.5-22-7. Provisions of Lease

Sec. 7. A lease under this chapter may provide for the following:
(1) Any term of the lease that the agency considers best to implement the intent of this chapter, but not for more than four (4) years.
(2) For the lease of parcels of sizes that the agency considers the best to implement the intent of this chapter.
(3) Any other provisions that the agency considers useful to implement the intent of this chapter.
As added by P.L.182-2009(ss), SEC.62.
2023 Indiana Code › Title 4. State Offices and Administration › Article 20.5. State Real Property › Chapter 22. Planting Grasses and Other Plants for Energy Production › 4-20.5-22-8. Awarding a Lease

Sec. 8. The agency shall award a lease under this chapter to the responsive and responsible bidder who submits the highest bid for the particular lease.
As added by P.L.182-2009(ss), SEC.62.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-2. "Administrative Law Judge"

Sec. 2. "Administrative law judge" refers to:
(1) before July 1, 2020, an individual or panel of individuals acting in the capacity of an administrative law judge in a proceeding; and
(2) after June 30, 2020:
(A) an administrative law judge assigned to preside over a proceeding by the director of the office of administrative law proceedings, if the proceeding is subject to the jurisdiction of the office of administrative law proceedings;
(B) a board or commission acting in the capacity of an administrative law judge to preside over a proceeding for the agency; or
(C) an individual or panel of individuals acting in the capacity of an administrative law judge in a proceeding, if the proceeding is not subject to the jurisdiction of the office of administrative law proceedings.
As added by P.L.18-1986, SEC.1. Amended by P.L.205-2019, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-3. "Agency"

Sec. 3. "Agency" means any officer, board, commission, department division, bureau, or committee of state government that is responsible for any stage of a proceeding under this article. Except as provided in IC 4-21.5-7, the term does not include the judicial department of state government, the legislative department of state government, or a political subdivision.
As added by P.L.18-1986, SEC.1. Amended by P.L.41-1995, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-4. "Agency Action"

Sec. 4. "Agency action" means any of the following:
(1) The whole or a part of an order.
(2) The failure to issue an order.
(3) An agency's performance of, or failure to perform, any other duty, function, or activity under this article.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-6. "Final Agency Action"

Sec. 6. "Final agency action" means:
(1) the entry of an order designated as a final order under this article; or
(2) any other agency action that disposes of all issues in a proceeding for all parties after the exhaustion of all available administrative remedies concerning the action.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-8.5. "Office of Administrative Law Proceedings"

Sec. 8.5. "Office of administrative law proceedings" refers to the office of administrative law proceedings established by IC 4-15-10.5-7. The term includes an administrative law judge or administrative law judges assigned to a proceeding by the office of administrative law proceedings.
As added by P.L.205-2019, SEC.6.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-9. "Order"

Sec. 9. "Order" means an agency action of particular applicability that determines the legal rights, duties, privileges, immunities, or other legal interests of one (1) or more specific persons. The term includes:
(1) a license; or
(2) a determination under IC 4-21.5-3-6(a)(3) or IC 4-21.5-3-6(a)(4).
As added by P.L.18-1986, SEC.1. Amended by P.L.42-1995, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-10. "Party"

Sec. 10. "Party" means:
(1) a person to whom the agency action is specifically directed; or
(2) a person expressly designated in the record of the proceeding as a party to the proceeding.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-11. "Person"

Sec. 11. "Person" means an individual, agency, political subdivision, partnership, corporation, limited liability company, association, or other entity of any character.
As added by P.L.18-1986, SEC.1. Amended by P.L.8-1993, SEC.27.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-14. "Rule"

Sec. 14. "Rule" means the whole or any part of an agency statement of general applicability that:
(1) has or is designed to have the effect of law; and
(2) implements, interprets, or prescribes:
(A) law or policy; or
(B) the organization, procedure, or practice requirements of an agency.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 1. Definitions › 4-21.5-1-15. "Ultimate Authority"

Sec. 15. "Ultimate authority" means an individual or panel of individuals in whom the final authority of an agency is vested by law or executive order.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2. Application › 4-21.5-2-0.1. Application of Article; Application of Previous Statute; References to Previous Statutes

Sec. 0.1. (a) This article governs:
(1) all proceedings, and all proceedings for judicial review or civil enforcement of agency action, commenced after June 30, 1987; and
(2) proceedings conducted after June 30, 1987, on remand from a court.
(b) The following are governed by IC 4-22-1 (before its repeal) as it existed on June 30, 1987:
(1) Any adjudicative proceedings pending on June 30, 1987, and not being conducted on remand after June 30, 1987.
(2) All judicial review proceedings concerning agency action pending on June 30, 1987.
(3) All civil enforcement proceedings concerning agency action pending on June 30, 1987.
(c) After June 30, 1987, any reference to Acts 1947, c.365 or IC 4-22-1 in a statute or rule in effect on July 1, 1987, shall be construed as a reference to IC 4-21.5 as effective on July 1, 1987.
As added by P.L.220-2011, SEC.43.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2. Application › 4-21.5-2-2. Waiver of Rights and Duties

Sec. 2. Except to the extent precluded by a law, a person may waive any right conferred upon that person by this article. This section does not permit the waiver of any procedural duty imposed by this article.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2. Application › 4-21.5-2-3. Application of Law

Sec. 3. This article applies to an agency, except to the extent that a statute clearly and specifically provides otherwise. This article applies (to the extent that a statute other than this article specifically applies this article) to a class of otherwise exempt orders or one (1) or more stages of an otherwise exempt proceeding.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2. Application › 4-21.5-2-4. Exemptions

Sec. 4. (a) This article does not apply to any of the following agencies:
(1) The governor.
(2) The state board of accounts.
(3) The state educational institutions.
(4) The department of workforce development.
(5) The unemployment insurance review board of the department of workforce development.
(6) The worker's compensation board of Indiana.
(7) The military officers or boards.
(8) The Indiana utility regulatory commission.
(9) The department of state revenue (excluding an agency action related to the licensure of private employment agencies).
(10) The department of local government finance.
(11) The Indiana board of tax review.
(12) The Indiana department of veterans' affairs.
(13) The Indiana veterans' affairs commission.
(b) This article does not apply to action related to railroad rate and tariff regulation by the Indiana department of transportation.
As added by P.L.18-1986, SEC.1. Amended by P.L.18-1987, SEC.5; P.L.28-1988, SEC.1; P.L.18-1990, SEC.7; P.L.21-1995, SEC.7; P.L.198-2001, SEC.1; P.L.256-2003, SEC.1; P.L.188-2003, SEC.1; P.L.91-2006, SEC.1; P.L.2-2007, SEC.51; P.L.219-2007, SEC.3; P.L.132-2019, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2. Application › 4-21.5-2-6. Inapplicability to Certain Formulation, Issuance, and Administrative Review

Sec. 6. This article does not apply to the formulation, issuance, or administrative review (but does apply to the judicial review and civil enforcement) of any of the following:
(1) Except as provided in IC 12-17.2-3.5-17, IC 12-17.2-4-18.7, IC 12-17.2-5-18.7, and IC 12-17.2-6-20, determinations by the division of family resources and the department of child services.
(2) Determinations by the alcohol and tobacco commission.
(3) Determinations by the office of Medicaid policy and planning concerning recipients and applicants of Medicaid. However, this article does apply to determinations by the office of Medicaid policy and planning concerning providers.
As added by P.L.18-1986, SEC.1. Amended by P.L.2-1992, SEC.37; P.L.23-1992, SEC.1; P.L.1-1993, SEC.20; P.L.204-2001, SEC.5; P.L.198-2001, SEC.2; P.L.1-2002, SEC.9; P.L.241-2003, SEC.1; P.L.234-2005, SEC.1; P.L.219-2007, SEC.4; P.L.53-2018, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2. Application › 4-21.5-2-7. Application of Opportunity to Correct

Sec. 7. (a) Except as provided in subsection (b), IC 4-21.5-2.5 applies to all agencies in the executive department of state government, including the administrative department.
(b) IC 4-21.5-2.5 does not apply to the Indiana occupational safety and health administration.
As added by P.L.215-2017, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2. Application › 4-21.5-2-8. Application

Sec. 8. The amendments made to IC 4-21.5-3-27.5 and the addition of IC 34-52-2-1.5 in the 2023 session of the general assembly only apply to agency actions commenced under IC 4-21.5-3 after June 30, 2023.
As added by P.L.249-2023, SEC.5.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-1. Application

Sec. 1. Except as provided in sections 2 and 3 of this chapter, this chapter applies to the resolution of an alleged violation of a state rule or state statute within the jurisdiction of an agency that is discovered in an inspection conducted after June 30, 2017.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-2. Exemptions

Sec. 2. This chapter does not apply:
(1) if the agency conducting the inspection determines that the alleged violation:
(A) represents intentional misconduct or an act of fraud by a responsible person or an agent of the responsible person;
(B) is not correctable within a reasonable time, as determined by the agency;
(C) demonstrates, by a continuing pattern of conduct, a willful disregard by the responsible person of the person's obligation to remedy the errors after the responsible person becomes aware of the errors;
(D) constitutes an immediate risk to:
(i) any person;
(ii) the public health, safety, or welfare; or
(iii) the environment; or
(E) constitutes a major violation of the agency's rules as expressly provided by the rules of the agency;
(2) if another statute (including IC 13-30) provides a substantially similar procedure for correction of an alleged violation of a rule or state statute before the agency:
(A) imposes a sanction on a person; or
(B) terminates a legal right, duty, privilege, immunity, or other legal interest of a person;
(3) if application of this chapter to a violation would violate a federal law or regulation;
(4) if the alleged violation is a violation of:
(A) a rule or state statute governing the conduct of an agency employee or contractor in the procurement or performance of services or the delivery of property to a governmental entity; or
(B) an ethics code;
(5) if the alleged violation was discovered as part of the preparation of a health care licensing and certification survey by the Indiana department of health;
(6) if the alleged violation constitutes an act or omission that is charged by a state law enforcement agency as a crime or delinquent act or the agency forwards notice of the alleged violation to the attorney general, a state or local law enforcement agency, or a prosecuting attorney for investigation or prosecution as a crime or delinquent act;
(7) to a day care regulation under IC 12-17.2; or
(8) to the responsibilities of the department of child services under IC 31.
As added by P.L.215-2017, SEC.2. Amended by P.L.56-2023, SEC.25.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-3. Exemptions; Agency Action

Sec. 3. This chapter does not limit an agency's authority to issue an emergency or a temporary order under IC 4-21.5-4 or another law if:
(1) an emergency exists; or
(2) a statute authorizes the agency to issue a temporary order or otherwise take immediate agency action.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-4. "Inspection"

Sec. 4. As used in this chapter, "inspection" means:
(1) visual analysis; or
(2) performance of tests;
undertaken to evaluate the operation, use, or condition of real or personal property.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-5. "Violation"

Sec. 5. As used in this chapter, "violation" refers to a violation of a state rule adopted by an agency or a state statute, except for a violation exempt under section 2 of this chapter.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-6. Disclosure of Violation in Inspection

Sec. 6. If an inspection discloses a possible violation, the agency shall proceed under:
(1) section 7 of this chapter; or
(2) first section 7 of this chapter, and then section 10 of this chapter.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-7. Notification Required; Offer to Enter Corrective Plan

Sec. 7. The agency shall:
(1) notify the alleged violator in writing that the agency believes a violation may exist; and
(2) extend an offer in writing to the alleged violator giving the alleged violator an opportunity to enter into a corrective plan to correct the alleged violation before the agency imposes a civil penalty or takes another enforcement action permitted under section 10 of this chapter or another law.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-8. Contents of Notice; Corrective Plan

Sec. 8. (a) The notice to the alleged violator under section 7 of this chapter must include the following:
(1) A description of the actions that must be taken to correct the alleged violation.
(2) The date before which the alleged violator must enter into a corrective plan with the agency in order to avoid an enforcement action under section 10 of this chapter or another law.
(3) A statement that an alleged violator may enter into a corrective plan without admitting that the violation occurred.
(b) The agency may condition an offer on a requirement that the alleged violator take one (1) or more actions to protect the safety and property of other persons during the time in which the alleged violator reviews the proposed corrective plan.
(c) A corrective plan must require the alleged violator to notify the agency within the time specified in the corrective plan that the violation has been corrected.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-9. Agency Determination of Compliance

Sec. 9. The agency shall determine if the alleged violator has substantially corrected the violation and notify the alleged violator whether the alleged violator is in substantial compliance with the applicable rule or state statute not more than thirty (30) days after the earlier of the date that:
(1) the alleged violation must be corrected under the corrective plan; or
(2) the alleged violator notifies the agency that the alleged violator has corrected the violation.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-10. Corrective Order; Enforcement Action

Sec. 10. If:
(1) a corrective plan is not entered into; or
(2) an alleged violator fails to substantially correct an alleged violation within the time specified in a corrective plan entered into under this chapter;
the agency may issue a corrective order and take any enforcement action authorized by law for the violation.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-11. Public Records

Sec. 11. The following are public records:
(1) A corrective plan entered into under this chapter.
(2) The results of an inspection under section 9 of this chapter.
(3) Any corrective order described in section 10 of this chapter.
An agency shall retain the public records described in subdivisions (1) through (3) in accordance with the appropriate retention schedule established under IC 5-15.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 2.5. Opportunity to Correct › 4-21.5-2.5-12. Liability

Sec. 12. The state, a state agency, and an agency's officers, agents, and employees are immune from liability for any act done or omitted in connection with the performance of their duties under this chapter.
As added by P.L.215-2017, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3. Adjudicative Proceedings › 4-21.5-3-2. Time Computation

Sec. 2. (a) In computing any period of time under this article, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is:
(1) a Saturday;
(2) a Sunday;
(3) a legal holiday under a state statute; or
(4) a day that the office in which the act is to be done is closed during regular business hours.
(b) A period runs until the end of the next day after a day described in subsection (a)(1) through (a)(4). If the period allowed is less than seven (7) days, intermediate Saturdays, Sundays, state holidays, and days on which the office in which the act is to be done is closed during regular business hours are excluded from the calculation.
(c) A period of time under this article that commences when a person is served with a paper, including the period in which a person may petition for judicial review, commences with respect to a particular person on the earlier of the date that:
(1) the person is personally served with the notice; or
(2) a notice for the person is deposited in the United States mail.
(d) If section 1(f) of this chapter applies, a period of time under this article commences when a notice for the person is published in a newspaper.
(e) If a notice is served through the United States mail, three (3) days must be added to a period that commences upon service of that notice.
As added by P.L.18-1986, SEC.1. Amended by P.L.32-2011, SEC.2.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3. Adjudicative Proceedings › 4-21.5-3-3. Notice of Orders; Additional Proceedings; Effectiveness; Stays

Sec. 3. (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.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.3.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3. Adjudicative Proceedings › 4-21.5-3-8. Sanctions; Temporary Orders

Sec. 8. (a) An agency may issue a sanction or terminate a legal right, duty, privilege, immunity, or other legal interest not described by section 4, 5, or 6 of this chapter only after conducting a proceeding under this chapter. However, this subsection does not preclude an agency from issuing, under IC 4-21.5-4, an emergency or other temporary order concerning the subject of the proceeding.
(b) When an agency seeks to issue an order that is described by subsection (a), the agency shall serve a complaint upon:
(1) each person to whom any resulting order will be specifically directed; and
(2) any other person required by law to be notified.
A person notified under this subsection is not a party to the proceeding unless the person is a person against whom any resulting order will be specifically directed or the person is designated by the agency as a party in the record of the proceeding.
(c) The complaint required by subsection (b) must include the following:
(1) A short, plain statement showing that the pleader is entitled to an order.
(2) A demand for the order that the pleader seeks.
As added by P.L.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3. Adjudicative Proceedings › 4-21.5-3-8.5. Sharing Administrative Law Judges Among Agencies; Information Concerning Administrative Law Judges

Sec. 8.5. (a) After June 30, 2020, this section does not apply to an agency that is subject to the jurisdiction of the office of administrative law proceedings.
(b) An agency may share an administrative law judge with another agency:
(1) to avoid bias, prejudice, interest in the outcome, or another conflict of interest;
(2) if a party requests a change of administrative law judge;
(3) to ease scheduling difficulties; or
(4) for another good cause.
An agency may adopt rules under IC 4-22-2 to implement this subsection.
(c) To the extent practicable, an administrative law judge must have expertise in the area of law being adjudicated.
(d) An agency shall post on the agency's Internet web site the:
(1) name;
(2) salary and other remuneration; and
(3) relevant professional experience;
of every person who serves as an administrative law judge for the agency.
As added by P.L.72-2014, SEC.3. Amended by P.L.205-2019, SEC.8.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3. Adjudicative Proceedings › 4-21.5-3-10. Disqualification of Administrative Law Judge

Sec. 10. (a) An administrative law judge is subject to disqualification for:
(1) bias, prejudice, or interest in the outcome of a proceeding;
(2) failure to dispose of the subject of a proceeding in an orderly and reasonably prompt manner after a written request by a party;
(3) unless waived or extended with the written consent of all parties or for good cause shown, failure to issue an order not later than ninety (90) days after the latest of:
(A) the filing of a motion to dismiss or a motion for summary judgment under section 23 of this chapter that is filed after June 30, 2011;
(B) the conclusion of a hearing that begins after June 30, 2011; or
(C) the completion of any schedule set for briefing or for submittal of proposed findings of fact and conclusions of law for a disposition under clauses (A) or (B); or
(4) any cause for which a judge of a court may be disqualified.
Before July 1, 2020, nothing in this subsection prohibits an individual who is an employee of an agency from serving as an administrative law judge.
(b) This subsection does not apply to 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 Indiana department of health. An individual who is disqualified under subsection (a)(2) or (a)(3) shall provide the parties a list of at least three (3) special administrative law judges who meet the requirements of:
(1) IC 4-21.5-7-6, if the case is pending in the office of environmental adjudication.
(2) IC 14-10-2-2, if the case is pending before the division of hearings of the natural resources commission; or
(3) subject to subsection (d), any other statute or rule governing qualification to serve an agency other than those described in subdivision (1) or (2).
Subject to subsection (c), the parties may agree to the selection of one (1) individual from the list.
(c) If the parties do not agree to the selection of an individual as provided in subsection (b) not later than ten (10) days after the parties are provided a list of judges under subsection (b), a special administrative law judge who meets the requirements of subsection (b) shall be selected under the procedure set forth in Trial Rule 79(D), 79(E), or 79(F).
(d) This subsection applies after June 30, 2020, to an agency whose proceedings are subject to the jurisdiction of the office of administrative law proceedings. If an administrative law judge is disqualified under this section, the director of the office of administrative law proceedings shall assign another administrative law judge.
As added by P.L.18-1986, SEC.1. Amended by P.L.32-2011, SEC.3; P.L.205-2019, SEC.10; P.L.56-2023, SEC.27.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3. Adjudicative Proceedings › 4-21.5-3-12. Administrative Law Judge; Prohibited Acts; Disqualification

Sec. 12. An administrative law judge who:
(1) comments publicly, except as to hearing schedules or procedures, about pending or impending proceedings; or
(2) engages in financial or business dealings that tend to:
(A) reflect adversely on the administrative law judge's impartiality;
(B) interfere with the proper performance of the administrative law judge's duties;
(C) exploit the administrative law judge's position; or
(D) involve the administrative law judge in frequent financial or business dealings with attorneys or other persons who are likely to come before the administrative law judge;
is subject to disqualification. 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.