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.
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