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.
Structure Indiana Code
Title 4. State Offices and Administration
Article 21.5. Administrative Orders and Procedures
Chapter 3. Adjudicative Proceedings
4-21.5-3-1. Service of Process; Notice by Publication
4-21.5-3-3. Notice of Orders; Additional Proceedings; Effectiveness; Stays
4-21.5-3-7. Review; Petition; Denial of Petition; Preliminary Hearing
4-21.5-3-8. Sanctions; Temporary Orders
4-21.5-3-10. Disqualification of Administrative Law Judge
4-21.5-3-11. Ex Parte Communications; Violations
4-21.5-3-12. Administrative Law Judge; Prohibited Acts; Disqualification
4-21.5-3-13. Disqualification; Involvement in Preadjudicative Stage
4-21.5-3-14. Record; Hearing on Motion; Burden of Proof; Standard of Review
4-21.5-3-15. Participation in Proceeding
4-21.5-3-17. Opportunity to File Documents; Copies
4-21.5-3-18. Prehearing Conference; Notice
4-21.5-3-20. Hearing; Time and Place; Notice
4-21.5-3-21. Petition for Intervention
4-21.5-3-22. Administrative Orders; Enforcement
4-21.5-3-24. Default or Dismissal
4-21.5-3-25. Conduct of Hearing; Procedure
4-21.5-3-26. Conduct of Hearing; Evidence
4-21.5-3-27. Final Orders; Findings of Fact and Conclusions of Law
4-21.5-3-27.5. Attorney's Fees
4-21.5-3-28. Final Order; Authority to Issue; Proceedings
4-21.5-3-29. Orders From Other Than Ultimate Authority; Review by Ultimate Authority; Objections
4-21.5-3-30. Review by Another Agency
4-21.5-3-31. Modification of Final Order
4-21.5-3-32. Final Orders; Public Inspection; Indexing; Deletions; Precedent
4-21.5-3-34. Informal Procedures; Rules; Final Orders
4-21.5-3-35. Additional Procedural Rights; Rules