Sec. 15. (a) An administrative law judge may not preside over or otherwise participate in the hearing or disposition of an appeal in which the judge's impartiality might reasonably be questioned, including instances where the judge:
(1) has:
(A) personal bias or prejudice concerning a party; or
(B) personal knowledge of disputed evidentiary facts concerning the appeal;
(2) has served as a lawyer in the matter in controversy; or
(3) knows that the judge has any direct or indirect financial or other interest in the subject matter of an appeal or in a party to the appeal.
(b) Disqualification of an administrative law judge shall be in accordance with the rules adopted by the department.
(c) This subsection does not apply to the disposition of ex parte matters specifically authorized by statute or rule. An administrative law judge may not communicate, directly or indirectly, regarding any substantive issue in the appeal while the appeal is pending, with any party to the appeal, or with any individual who has a direct or indirect interest in the outcome of the appeal, without notice and opportunity for all parties to participate in the communication.
As added by P.L.135-1990, SEC.16. Amended by P.L.171-2016, SEC.19.
Structure Indiana Code
Article 4. Unemployment Compensation System
Chapter 17. Claims for Benefits
22-4-17-1. Rules; Mass Layoffs; Extended Benefits; Posting
22-4-17-2. Filing; Determination of Status; Disputed Claims; Hearings
22-4-17-2.5. Filing; Income Taxes
22-4-17-3. Administrative Appeal; Disputed Claims
22-4-17-3.2. Representation Before Administrative Law Judge, Review Board, or Other Adjudicator
22-4-17-4. Administrative Law Judges; Training; Discipline; Disputed Claims; Hearings
22-4-17-5. Review Board; Appointments; Hearings
22-4-17-6. Disputed Claims; Conduct of Hearings and Appeals
22-4-17-7. Disputed Claims; Hearings; Subpoenas; Production of Books and Papers
22-4-17-8. Disputed Claims; Subpoenas; Contempt
22-4-17-8.5. Disputed Claims; Hearing by Telephone
22-4-17-9. Disputed Claims; Self-Incrimination; Privileges and Immunities
22-4-17-11. Disputed Claims; Appeal; Notice; Stay of Proceedings
22-4-17-13. Disputed Claims; Certifying Questions of Law; Priorities