Sec. 3. (a) An agency shall give notice concerning an order under section 4, 5, 6, or 8 of this chapter. An agency shall conduct additional proceedings under this chapter if required by section 7 or 8 of this chapter. However, IC 4-21.5-4 applies to the notice and proceedings necessary for emergency and other temporary orders.
(b) Notwithstanding IC 1-1-4-1, if:
(1) a panel of individuals responsible for an agency action has a quorum of its members present, as specified by law; and
(2) a statute other than IC 1-1-4-1 does not specify the number of votes necessary to take an agency action;
the panel may take the action by an affirmative vote of a majority of the members present and voting. For the purposes of this subsection, a member abstaining on a vote is not voting on the action.
(c) An order is effective when it is issued as a final order under this chapter, except to the extent that:
(1) a different date is set by this article;
(2) a later date is set by an agency in its order; or
(3) an order is stayed.
(d) After an order becomes effective, an agency may suspend the effect of an order, in whole or in part, by staying the order under this chapter.
(e) A party to an order may be required to comply with an order only after the party has been served with the order or has actual knowledge of the order.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.3.
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