Sec. 5. (a) The department, any member of the department or any authorized representative of the department, may compel the attendance of witnesses, swear witnesses, take their testimony under oath, make record of the testimony, and after the record is made under the direction of a department, administrative law judge, or authorized representative of the department or the department may upon the record make an appropriate order.
(b) The department may hear all petitions, applications, or motions filed with the department. Hearings may be conducted by the department, by any member of the department, or by any administrative law judge authorized by the department. In case the hearing is conducted by an administrative law judge, the administrative law judge must promptly, but not later than thirty (30) days after the conclusion of the hearing, unless the time is extended by order of the department:
(1) report to the department the facts established by the evidence; and
(2) submit a suggested order, showing the findings and a decision in the order, to the department.
(c) Orders recommended by an administrative law judge must be held for not less than ten (10) days during which time interested parties may file written exceptions to the orders. In case no exceptions are filed, the finding of facts and decision in form of order suggested by the administrative law judge constitute the order of the department, unless the department directs otherwise.
As added by P.L.99-1989, SEC.13.
Structure Indiana Code
Title 8. Utilities and Transportation
Article 2.1. Motor Carrier Regulation
Chapter 22. Transportation of Passengers and Household Goods
8-2.1-22-3. Powers and Duties of Department
8-2.1-22-5. Witnesses; Hearings; Orders
8-2.1-22-6. Reconsideration or Rehearing
8-2.1-22-8. Cooperation With Other State Agencies
8-2.1-22-9. Additional Powers of Department; Employment and Compensation of Staff
8-2.1-22-10. Establishment of Competing Transportation System by County, City, or Town
8-2.1-22-11. Certificate Required; Public Hearing
8-2.1-22-12.5. Issuance of Certificate for Transportation of Household Goods for Compensation
8-2.1-22-13. Public Hearing; Time and Place; Notice; Burden of Proof; Considerations
8-2.1-22-15. Ownership of Certificate or Permit; Sale or Transfer
8-2.1-22-16. Contract Carriers; Permit Required
8-2.1-22-17. Contract Carrier Permit; Public Hearing; Considerations; Contents
8-2.1-22-18. Agreements With Other Common Carriers; Routes and Rates; Discrimination
8-2.1-22-19. Complaints; Fixing of Routes or Rates
8-2.1-22-20. Filing of Schedule Stating New Rate or Charge; Hearing; Burden of Proof; Suspension
8-2.1-22-21. Reasonableness of Rates and Charges; Considerations
8-2.1-22-22. Actions for Recovery of Charges or Overcharges; Limitations
8-2.1-22-25. Contract Carriers; New Service or Reduced Charge; Hearing; Suspension
8-2.1-22-27. Brokerage License Requirements
8-2.1-22-28. Certificate Requirement Exemptions
8-2.1-22-29. Operation and Impoundment of Motor Vehicle for Hire; Operating Authority Required
8-2.1-22-30. Amendment, Change, Suspension, or Revocation of Certificate or Permit
8-2.1-22-31. Broker's License; Duration; Fee; Suspension or Revocation
8-2.1-22-32. Application of Chapter
8-2.1-22-33. Registration of Vehicles
8-2.1-22-34. Nonresident Carriers; Service of Process
8-2.1-22-35. Highway Designation to Prevent Congestion; Enforcement and Notice of Orders
8-2.1-22-36. Temporary Authority or Emergency Temporary Authority for One Trip or Occasional Trips
8-2.1-22-37. War or National Emergency; Suspension of Certificate or Permit
8-2.1-22-39. Expiration of Vehicle Registrations
8-2.1-22-42. Intrastate Carriers; Identification to Be Displayed on Each Vehicle
8-2.1-22-44. Deposit of Fees Into Motor Carrier Regulation Fund
8-2.1-22-45. Augmenting, Interchanging, or Leasing Equipment
8-2.1-22-46. Proof of Financial Responsibility; Surety Bond or Insurance; Violations and Penalties