reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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 prevailing party challenging the agency action if:
(1) the party challenging the agency action proves, by a preponderance of the evidence, that:
(A) the agency's action was frivolous or groundless; or
(B) the agency pursued the action in bad faith;
(2) the agency action was based on an invalid rule, as provided in IC 4-22-2-44; or
(3) the agency has failed to demonstrate that the agency acted within its legal authority.
As added by P.L.199-2021, SEC.1. Amended by P.L.249-2023, SEC.6.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 Indiana 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; P.L.56-2023, SEC.28.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-13. Mediator Ineligibility

Sec. 13. A mediator may not be selected to mediate a proceeding if the mediator:
(1) has an interest in the outcome of the proceeding;
(2) is related to any of the parties or attorneys in the proceeding; or
(3) is employed by any of the parties or attorneys involved in the proceeding, except that an employee of the agency involved may serve as a mediator if the employee of the agency:
(A) has not participated in the investigation or prosecution of the dispute; and
(B) does not otherwise have an interest in the outcome of the proceeding.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-14. Mediation Costs

Sec. 14. (a) If the parties to a proceeding elect to use an outside mediator, the costs of mediation must be paid as agreed by the parties. If there is no agreement of the parties, the administrative law judge assigned to the proceeding shall determine the mediation costs, if necessary, and equitably divide the mediation costs among the parties.
(b) To make the determination required by subsection (a), the administrative law judge shall consider the following:
(1) The complexity of the litigation.
(2) The skill levels needed to mediate the proceeding.
(3) The ability of a party to pay.
(c) Mediation costs must be paid not more than thirty (30) days after the mediation is completed unless otherwise agreed among the mediator and the parties.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-15. Continuance of Proceedings

Sec. 15. If a proceeding is selected for mediation, the administrative law judge assigned to the proceeding shall continue the proceeding until the mediation is completed.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-16. Duties of Mediator

Sec. 16. A mediator for a proceeding under this chapter shall:
(1) inform the parties of the anticipated cost of mediation;
(2) advise the parties that the mediator does not represent either or both of the parties;
(3) define and describe the process of mediation to the parties;
(4) disclose the nature and extent of any relationships with the parties and any personal, financial, or other interest that may result in bias or a conflict of interest;
(5) advise each of the parties to consider independent legal advice;
(6) disclose to the parties or their attorneys any factual documentation revealed during the mediation if at the end of the mediation process the disclosure is agreed to by both parties;
(7) inform the parties of the extent to which information obtained from and about the participants through the mediation process is not privileged and may be subject to disclosure;
(8) inform the parties that they may introduce the written mediated agreement into evidence if the agreement is signed by all parties to the dispute;
(9) advise the parties of the time, date, and location of the mediation at least ten (10) days in advance, unless a shorter period is agreed to by the parties; and
(10) advise the parties of all persons whose presence at the mediation might facilitate settlement.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-17. Individuals Present at Mediation

Sec. 17. (a) The parties and their attorneys, if any, must be present at any mediation session unless otherwise agreed. A mediator may allow nonparties to the dispute to be present at a mediation session if the parties agree.
(b) All parties, attorneys with settlement authority, representatives with settlement authority, and necessary individuals must be present at each mediation conference to facilitate settlement of a dispute, unless excused by the administrative law judge.
(c) Mediation sessions are not open to the public.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-18. Confidential Statements; Nonpublic Records

Sec. 18. (a) The attorney for a party to a proceeding may submit to the mediator a confidential statement of the proceeding, not to exceed ten (10) pages, before a mediation conference. The statement submitted under this section must include the following:
(1) The legal and factual contentions of the party.
(2) The factors considered in arriving at a settlement posture.
(3) The settlement negotiations to date.
(b) A confidential statement under this section may be supplemented by exhibits or evidence that must be made available to the opposing party or the opposing party's counsel at least five (5) days before the mediation conference.
(c) A confidential statement is privileged and confidential unless an agreement by the parties to the contrary is provided to the mediator.
(d) If the mediation process does not result in settlement, any submitted confidential statement must be returned to the submitting attorney or party.
(e) Notwithstanding IC 4-21.5-4-6, the following are not public records or part of the agency record, gathered by the mediator in the course of mediation, in a proceeding:
(1) A confidential statement.
(2) Exhibits.
(3) Evidence.
(4) Other information.
(5) Draft settlement documents.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-19. Mediator Meetings With Parties

Sec. 19. In the mediation process, the mediator may meet jointly or separately with the parties and may express an evaluation of the proceeding to one (1) or more parties or their representatives. This evaluation may be expressed in the form of settlement ranges rather than exact amounts. The mediator may share revealed settlement authority with other parties or their representatives.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-20. Termination of Mediation

Sec. 20. (a) As soon after mediation as practicable, the mediator shall report to the administrative law judge that the mediation process has been completed, terminated, or extended.
(b) The mediator shall terminate mediation whenever:
(1) the mediator believes that continuation of the process would harm or prejudice one (1) or more of the parties; or
(2) the ability or willingness of any party to participate meaningfully in mediation is lacking to the extent that a reasonable agreement is unlikely.
(c) After at least two (2) mediation sessions have been completed, any party may terminate mediation. The mediator may not state the reason for termination except when the termination is due to conflict of interest or bias on the part of the mediator, in which case another mediator may be assigned to the proceeding by the administrative law judge for the proceeding.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-21. Failure to Reach Agreement; Requirements for Agreement

Sec. 21. (a) If the parties do not reach an agreement on any matter as a result of mediation, the mediator shall report the lack of an agreement without comment or recommendation to the administrative law judge assigned to the proceeding. With the consent of the parties, the mediator's report may also identify any pending motions or outstanding legal issues, discovery process, or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement.
(b) An agreement as a result of mediation must be in writing and signed by the parties. The agreement must be filed with the administrative law judge assigned to the proceeding. If the agreement is complete on all issues, it must be accompanied by a joint stipulation of disposition. Upon approval of a joint stipulation of disposition by the administrative law judge, it has the same force and effect as an agreed order approved by the administrative law judge.
(c) An approved joint stipulation of disposition under this chapter is considered a contract between the parties.
As added by P.L.16-1996, SEC.1. Amended by P.L.205-2019, SEC.12.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-22. Ability to Mediate Subsequent Disputes

Sec. 22. A person who has served as a mediator in a proceeding may act as a mediator in subsequent disputes between the parties, and the parties may provide for a review of the agreement with the mediator on a periodic basis. However, the mediator shall decline to act in any capacity, except as a mediator, unless the subsequent association is clearly distinct from the mediation issues.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-23. Conflicts of Interest

Sec. 23. A mediator is required to use an effective system to identify potential conflict of interest at the time of appointment to a proceeding as a mediator. The mediator may not subsequently act as an investigator or make any recommendations regarding the mediated proceeding. A person may not serve as an administrative law judge in a subsequent hearing of a matter in which the person served as a mediator.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-24. Rules of Evidence Do Not Apply

Sec. 24. With the exception of privileged communications, the rules of evidence do not apply to mediation, but factual information having a bearing on the question of damages should be supported by documentary evidence whenever possible.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-25. Limitation of Discovery

Sec. 25. Whenever possible, parties to a proceeding are encouraged to limit discovery to the development of information necessary to facilitate the mediation process. By agreement of the parties, or as ordered by the administrative law judge, discovery may be deferred during mediation.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-26. Mediation Regarded as Settlement Negotiation

Sec. 26. (a) Mediation shall be regarded as a settlement negotiation. Evidence of furnishing or offering or promising to accept a valuable consideration in compromising or attempting to compromise a claim that was disputed as to either validity or amount is not admissible in a proceeding to prove liability for or invalidity of the claim or its amount.
(b) Evidence of conduct or statements made in the course of mediation is not admissible. However, this subsection does not require the exclusion of evidence otherwise discoverable merely because it is presented in the course of the mediation process. This subsection does not require exclusion when the evidence is offered for another purpose, such as bias or prejudice of a witness or negating a contention of undue delay.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 3.5. Mediation › 4-21.5-3.5-27. Confidential and Privileged Nature of Mediation

Sec. 27. (a) A mediator is not subject to process requiring disclosure of any matter discussed during the mediation. Matters discussed during mediation are confidential and privileged.
(b) The confidentiality requirement of subsection (a) may not be waived by the parties.
(c) An objection to the obtaining of testimony or physical evidence from mediation may be made by any party or by the mediator.
As added by P.L.16-1996, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 4. Special Proceedings; Emergency and Other Temporary Orders › 4-21.5-4-1. Circumstances Warranting Special Proceedings

Sec. 1. An agency may conduct proceedings under this chapter 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.18-1986, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 4. Special Proceedings; Emergency and Other Temporary Orders › 4-21.5-4-2. Procedures; Orders

Sec. 2. (a) The agency shall issue the order under this chapter by one (1) of the following procedures:
(1) Except as provided in IC 25-1-9-10, without notice or an evidentiary proceeding, by any authorized individual or panel of individuals.
(2) After a hearing conducted by an administrative law judge.
(b) The resulting order must include a brief statement of the facts and the law that justifies the agency's decision to take the specific action under this chapter.
As added by P.L.18-1986, SEC.1. Amended by P.L.43-1995, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 4. Special Proceedings; Emergency and Other Temporary Orders › 4-21.5-4-3. Notice; Effectiveness of Order

Sec. 3. The agency shall give such notice as is practicable to persons who are required to comply with the order under this chapter. The order is effective when issued.
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 4. Special Proceedings; Emergency and Other Temporary Orders › 4-21.5-4-4. Hearings

Sec. 4. Upon a request by a party for a hearing on an order rendered under section 2(a)(1) of this chapter, the agency shall, as quickly as is practicable, set the matter for an evidentiary hearing. An administrative law judge shall determine whether the order under this chapter should be voided, terminated, modified, stayed, or continued.
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 4. Special Proceedings; Emergency and Other Temporary Orders › 4-21.5-4-5. Expiration of Order; Exception

Sec. 5. (a) Except as provided in subsection (c), an order issued under this chapter expires on the earliest of the following:
(1) The date set in the order.
(2) The date set by a statute other than this article.
(3) The elapse of ninety (90) days.
(b) During the pendency of any related proceedings under IC 4-21.5-3, the agency responsible for the proceeding may renew the order for successive ninety (90) day periods unless a statute other than this article prohibits the renewal of the order.
(c) An order issued under this chapter and IC 15-17-6 does not expire.
As added by P.L.18-1986, SEC.1. Amended by P.L.26-1997, SEC.1; P.L.2-2008, SEC.16.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 4. Special Proceedings; Emergency and Other Temporary Orders › 4-21.5-4-6. Records

Sec. 6. The agency record in a proceeding under this chapter consists of any documents regarding the matter that were considered or prepared by the agency in a proceeding under section 2(a)(1) of this chapter and, if a hearing is conducted under section 2(a)(2) or 4 of this chapter, the items described in IC 4-21.5-3-33.
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 5. Judicial Review › 4-21.5-5-1. Exclusive Means for Judicial Review; Exceptions

Sec. 1. Except as provided in IC 22-9 and IC 22-9.5, this chapter establishes the exclusive means for judicial review of an agency action. However, a subpoena, discovery order, or protective order issued under this article may be contested only in an action for civil enforcement under IC 4-21.5-6-2.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.17; P.L.14-1994, SEC.1.
2023 Indiana Code › Title 4. State Offices and Administration › Article 21.5. Administrative Orders and Procedures › Chapter 5. Judicial Review › 4-21.5-5-2. Petition; Persons Entitled to Judicial Review

Sec. 2. (a) Judicial review is initiated by filing a petition for review in the appropriate court.
(b) Only a person who qualifies under:
(1) section 3 of this chapter concerning standing;
(2) section 4 of this chapter concerning exhaustion of administrative remedies;
(3) section 5 of this chapter concerning the time for filing a petition for review;
(4) section 13 of this chapter concerning the time for filing the agency record for review; and
(5) any other statute that sets conditions for the availability of judicial review;
is entitled to review of a final agency action.
(c) A person is entitled to judicial review of a nonfinal agency action only if the person establishes both of the following:
(1) Immediate and irreparable harm.
(2) No adequate remedy exists at law. (The failure of a person to comply with the procedural requirements of this article may not be the basis for a finding of an inadequate remedy at law.)
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 5. Judicial Review › 4-21.5-5-3. Standing

Sec. 3. (a) The following have standing to obtain judicial review of an agency action:
(1) A person to whom the final agency action is specifically directed.
(2) A person who was a party to the proceedings of the ultimate authority that led to the final agency action, including the agency whose order was under review in the proceeding.
(3) A person eligible for standing under a law applicable to the final agency action.
(4) A person otherwise aggrieved or adversely affected by the final agency action.
(b) A person has standing under subsection (a)(4) only if:
(1) the final agency action has prejudiced or is likely to prejudice the interests of the person;
(2) the person:
(A) was eligible for an initial notice of an order or proceeding under this article, was not notified of the order or proceeding in substantial compliance with this article, and did not have actual notice of the order or proceeding before the last date in the proceeding that the person could object or otherwise intervene to contest the agency action; or
(B) was qualified to intervene to contest an agency action under IC 4-21.5-3-21(a), petitioned for intervention in the proceeding, and was denied party status;
(3) the person's asserted interests are among those that the agency was required to consider when it engaged in the agency action challenged; and
(4) a judgment in favor of the person would substantially eliminate or redress the prejudice to the person caused or likely to be caused by the final agency action.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.18; P.L.178-2002, SEC.1; P.L.219-2007, SEC.5; P.L.72-2014, SEC.6.