Sec. 32. (a) Each agency shall make all written final orders available for public inspection and copying under IC 5-14-3. The agency shall index final orders that are issued after June 30, 1987, by name and subject. An agency shall index an order issued before July 1, 1987, if a person submits a written request to the agency that the order be indexed. An agency shall delete from these orders identifying details to the extent required by IC 5-14-3 or other law. In each case, the justification for the deletion must be explained in writing and attached to the order.
(b) An agency may not rely on a written final order as precedent to the detriment of any person until the order has been made available for public inspection and indexed in the manner described in subsection (a). However, this subsection does not apply to any person who has actual timely knowledge of the order. The burden of proving that knowledge is on the agency.
As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.15.
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