Sec. 33. (a) An agency shall maintain an official record of each proceeding under this chapter.
(b) The agency record of the proceeding consists only of the following:
(1) Notices of all proceedings.
(2) Any prehearing order.
(3) Any motions, pleadings, briefs, petitions, requests, and intermediate rulings.
(4) Evidence received or considered.
(5) A statement of matters officially noticed.
(6) Proffers of proof and objections and rulings on them.
(7) Proposed findings, requested orders, and exceptions.
(8) The record prepared for the administrative law judge or for the ultimate authority or its designee under sections 28 through 31 of this chapter, at a hearing, and any transcript of the record considered before final disposition of the proceeding.
(9) Any final order, nonfinal order, or order on rehearing.
(10) Staff memoranda or data submitted to the administrative law judge or a person presiding in a proceeding under sections 28 through 31 of this chapter.
(11) Matters placed on the record after an ex parte communication.
(c) Except to the extent that a statute provides otherwise, the agency record described by subsection (b) constitutes the exclusive basis for agency action in proceedings under this chapter and for judicial review of a proceeding under this chapter.
As added by P.L.18-1986, SEC.1.
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