Indiana Administrative Code › Title 45 - DEPARTMENT OF STATE REVENUE › Article 9 - EMPLOYMENT AGENCIES › Rule 1 - General Provisions › Section 1-5 - License revocation hearing

Current through July 10, 2024
Authority: IC 6-8.1-3-3; IC 25-16-1-18; IC 25-16-2-1
Affected: IC 25-16-1-2
Sec. 5.
Hearing Procedure.
(a) Hearing and Notice before final
				determination as to revocation of license. Whenever it is the judgment of the
				Administrator of Licensed Employment Agencies that an agency has violated any
				provisions of Indiana law or Indiana rules and regulations pertaining to
				employment agencies, he may recommend that the agency's license be revoked. The
				final order or determination of any issue or case applicable to a specific
				agency shall not be made except upon hearing and timely notice of time, place,
				and nature thereof.
(b) Hearing
				Officers. The hearing shall be conducted by a panel of three (3) Hearing
				Officers appointed by the Commissioner of the Indiana Department of State
				Revenue. The final determination of the panel of Hearing Officers shall be made
				by at least a majority thereof and is subject to the approval of the
				Commissioner of the Indiana Department of Revenue.
(c) Notice. In all cases in which the
				Department of Revenue is the moving party it shall give at least twenty (20)
				days notice in writing by registered or certified mail with return receipt
				requested, addressed to the persons or person against whom an order or
				determination may be made at their last known place of residence, or place of
				business, which notice shall set forth therein a sufficient statement of the
				matters of fact or law to advise such a person of the matters in issue and to
				be heard or determined by said Department, together with notice of the time and
				place of such hearing. Said statement may be informal and need not conform to
				the requirements of a pleading in court. Whenever the hearing involves the
				claim, averment or complaint of, or is made by a private person, a copy or the
				substance thereof shall be included in or exhibited with such notice.
(d) Opportunity to be Present. No evidence
				shall be received except upon reasonable opportunity for all persons, against
				whom a determination may be made, to be present. The Hearing Officers presiding
				at the hearing shall have the power to administer oaths and affirmations, issue
				subpoenas, rule upon offers of proof and receive relevant oral or documentary
				evidence, take or cause depositions to be taken, regulate the course of the
				hearing and conduct of the parties, hold informal conferences for the
				settlement or simplification of the issues by consent of the party or parties,
				dispose of procedural motions and similar matters, and such other powers as may
				be given by the law relating to the supervision of employment
				agencies.
(e) Informal Hearings.
				The Department is hereby authorized to conduct such hearing in an informal
				manner and without recourse to the technical common-law rules of evidence
				required in proceedings in judicial courts, and such manner of proof and
				introduction of evidence shall be deemed sufficient and shall govern the proof,
				decision, and administrative or judicial review of all questions of fact if
				substantial, reliable and probative evidence supports the Department's
				determination. The Department shall as a matter of policy provide for the
				exclusion of irrelevant, immaterial, or unduly repetitious evidence. Every
				person who is a party to such proceedings shall have the right to submit
				evidence in open hearing and shall have the right of cross-examination.
				Hearings may be held at any place in the state determined by the
				Department.
(f) Record. The
				transcript of testimony adduced and exhibits admitted together with notice, all
				pleadings, exceptions, motions, requests and papers filed, other than briefs or
				arguments of law, shall constitute the complete and exclusive record of such
				hearing and determination of the Department, and it shall be available to all
				parties for examination. Any party may obtain a copy thereof at its expense.
				Whenever objections to recommended determinations are filed or when a petition
				for judicial review is filed, such evidence together with the original or a
				copy of all exhibits admitted, the notice of hearing, all pleadings,
				exceptions, motions, requests and papers filed, other than briefs or arguments
				of law, shall be incorporated in a transcript and certified by the Hearing
				Officers presiding at the hearing. Such transcript when so prepared and
				certified shall be admissible without further proof in any subsequent review or
				proceeding affecting such determination of the Department, and shall be prima
				facie evidence of all facts therein contained as the complete record of such
				hearing or determination.
(g)
				Finding of Facts. All issues of fact shall be considered and determined upon
				the record. The Department shall make an informal finding of facts which shall
				encompass the relevant facts shown by the evidence. Said finding of facts may
				be made by direct statement or by reference to the particular charges made in
				the complaint before the Department. A reference to the particular charges in
				the complaint shall be sufficient as a finding of facts. Notice of all final
				orders and determinations shall be given promptly by registered or certified
				mail, return receipt required, to all parties to the hearing by the Department
				of Revenue.
(h) Force and Effect.
				Revocation of licenses shall be effective as of the date of revocation by the
				Department, and shall remain revoked until and unless set aside by a
				court.