Indiana Code
Title 4. State Offices and Administration
Article 21.5. Administrative Orders and Procedures

4-21.5-2-0.1. Application of Article; Application of Previous Statute; References to Previous Statutes - Sec. 0.1. (a) This article governs: (1) all proceedings, and...

4-21.5-2-1. Minimum Rights and Duties - Sec. 1. This article creates minimum procedural rights and imposes...

4-21.5-2-2. Waiver of Rights and Duties - Sec. 2. Except to the extent precluded by a law,...

4-21.5-2-3. Application of Law - Sec. 3. This article applies to an agency, except to...

4-21.5-2-4. Exemptions - Sec. 4. (a) This article does not apply to any...

4-21.5-2-5. Exemptions; Agency Actions - Sec. 5. This article does not apply to the following...

4-21.5-2-6. Inapplicability to Certain Formulation, Issuance, and Administrative Review - Sec. 6. This article does not apply to the formulation,...

4-21.5-2-7. Application of Opportunity to Correct - Sec. 7. (a) Except as provided in subsection (b), IC...

Chapter 2.5. Opportunity to Correct

4-21.5-2.5-1. Application - Sec. 1. Except as provided in sections 2 and 3...

4-21.5-2.5-2. Exemptions - Sec. 2. This chapter does not apply: (1) if the...

4-21.5-2.5-3. Exemptions; Agency Action - Sec. 3. This chapter does not limit an agency's authority...

4-21.5-2.5-4. "Inspection" - Sec. 4. As used in this chapter, "inspection" means: (1)...

4-21.5-2.5-5. "Violation" - Sec. 5. As used in this chapter, "violation" refers to...

4-21.5-2.5-6. Disclosure of Violation in Inspection - Sec. 6. If an inspection discloses a possible violation, the...

4-21.5-2.5-7. Notification Required; Offer to Enter Corrective Plan - Sec. 7. The agency shall: (1) notify the alleged violator...

4-21.5-2.5-8. Contents of Notice; Corrective Plan - Sec. 8. (a) The notice to the alleged violator under...

4-21.5-2.5-9. Agency Determination of Compliance - Sec. 9. The agency shall determine if the alleged violator...

4-21.5-2.5-10. Corrective Order; Enforcement Action - Sec. 10. If: (1) a corrective plan is not entered...

4-21.5-2.5-11. Public Records - Sec. 11. The following are public records: (1) A corrective...

4-21.5-2.5-12. Liability - Sec. 12. The state, a state agency, and an agency's...

Chapter 3. Adjudicative Proceedings

4-21.5-3-1. Service of Process; Notice by Publication - Sec. 1. (a) This section applies to: (1) the giving...

4-21.5-3-2. Time Computation - Sec. 2. (a) In computing any period of time under...

4-21.5-3-3. Notice of Orders; Additional Proceedings; Effectiveness; Stays - Sec. 3. (a) An agency shall give notice concerning an...

4-21.5-3-4. Notice Required; Licenses and Personnel Decisions; Persons Who Must Be Notified; Contents - Sec. 4. (a) Notice must be given under this section...

4-21.5-3-5. Notice Required; Certain Licensing and Other Decisions; Persons Who Must Be Notified; Contents; Effectiveness of Order; Stays - Sec. 5. (a) Notice shall be given under this section...

4-21.5-3-6. Notice Required; Persons Who Must Receive Notice; Contents; Effective Date; Stay, Preliminary Hearing, and Resulting Order - Sec. 6. (a) Notice shall be given under this section...

4-21.5-3-7. Review; Petition; Denial of Petition; Preliminary Hearing - Sec. 7. (a) To qualify for review of a personnel...

4-21.5-3-8. Sanctions; Temporary Orders - Sec. 8. (a) An agency may issue a sanction or...

4-21.5-3-8.5. Sharing Administrative Law Judges Among Agencies; Information Concerning Administrative Law Judges - Sec. 8.5. (a) After June 30, 2020, this section does...

4-21.5-3-9. Ultimate Authority of Agency; Acting as or Designating an Administrative Judge; Disqualification; Procedures - Sec. 9. (a) Except to the extent that a statute...

4-21.5-3-10. Disqualification of Administrative Law Judge - Sec. 10. (a) An administrative law judge is subject to...

4-21.5-3-11. Ex Parte Communications; Violations - Sec. 11. (a) Except as provided in subsection (b) or...

4-21.5-3-12. Administrative Law Judge; Prohibited Acts; Disqualification - Sec. 12. An administrative law judge who: (1) comments publicly,...

4-21.5-3-13. Disqualification; Involvement in Preadjudicative Stage - Sec. 13. (a) An individual who has served as investigator,...

4-21.5-3-14. Record; Hearing on Motion; Burden of Proof; Standard of Review - Sec. 14. (a) An administrative law judge conducting a proceeding...

4-21.5-3-15. Participation in Proceeding - Sec. 15. (a) Any party may participate in a proceeding...

4-21.5-3-16. Interpreters - Sec. 16. (a) A person who: (1) cannot speak or...

4-21.5-3-17. Opportunity to File Documents; Copies - Sec. 17. (a) The administrative law judge, at appropriate stages...

4-21.5-3-18. Prehearing Conference; Notice - Sec. 18. (a) The administrative law judge for the hearing,...

4-21.5-3-19. Prehearing Conference; Electronic Means; Matters Considered; Prehearing Order on Pleadings - Sec. 19. (a) This section and section 18 of this...

4-21.5-3-20. Hearing; Time and Place; Notice - Sec. 20. (a) The administrative law judge for the hearing...

4-21.5-3-21. Petition for Intervention - Sec. 21. (a) Before the beginning of the hearing on...

4-21.5-3-22. Administrative Orders; Enforcement - Sec. 22. (a) The administrative law judge at the request...

4-21.5-3-23. Summary Judgment - Sec. 23. (a) A party may, at any time after...

4-21.5-3-24. Default or Dismissal - Sec. 24. (a) At any stage of a proceeding, if...

4-21.5-3-25. Conduct of Hearing; Procedure - Sec. 25. (a) This section and section 26 of this...

4-21.5-3-26. Conduct of Hearing; Evidence - Sec. 26. (a) This section and section 25 of this...

4-21.5-3-27. Final Orders; Findings of Fact and Conclusions of Law - Sec. 27. (a) If the administrative law judge is the...

4-21.5-3-27.5. Attorney's Fees - Sec. 27.5. In a proceeding under this chapter concerning an...

4-21.5-3-28. Final Order; Authority to Issue; Proceedings - Sec. 28. (a) This section applies to proceedings under sections...

4-21.5-3-29. Orders From Other Than Ultimate Authority; Review by Ultimate Authority; Objections - Sec. 29. (a) This section does not apply if the...

4-21.5-3-30. Review by Another Agency - Sec. 30. If, under a statute, an agency may review...

4-21.5-3-31. Modification of Final Order - Sec. 31. (a) An agency has jurisdiction to modify a...

4-21.5-3-32. Final Orders; Public Inspection; Indexing; Deletions; Precedent - Sec. 32. (a) Each agency shall make all written final...

4-21.5-3-33. Records - Sec. 33. (a) An agency shall maintain an official record...

4-21.5-3-34. Informal Procedures; Rules; Final Orders - Sec. 34. (a) An agency is encouraged to develop informal...

4-21.5-3-35. Additional Procedural Rights; Rules - Sec. 35. An agency may grant procedural rights to persons...

4-21.5-3-36. Persons Presiding in Proceedings; Violations - Sec. 36. An individual who: (1) is serving alone or...

4-21.5-3-37. Aiding in Violation - Sec. 37. A person who: (1) aids, induces, or causes...

Chapter 3.5. Mediation

4-21.5-3.5-1. Mediation Guidelines; Procedural Rights; Rules - Sec. 1. (a) Except as provided in subsections (b) and...

4-21.5-3.5-2. Appropriateness of Mediation; Rules - Sec. 2. (a) For each type of administrative proceeding, the...

4-21.5-3.5-3. Agreement to Mediate - Sec. 3. Before a proceeding is initiated, an agency and...

4-21.5-3.5-4. Immunity of Mediator - Sec. 4. A mediator, co-mediator, or team mediator appointed and...

4-21.5-3.5-5. Selection of Proceeding for Mediation; Objections - Sec. 5. (a) If a proceeding is of a type...

4-21.5-3.5-6. Selection of Mediator by Agreement of Parties - Sec. 6. (a) If a proceeding is conducted by mediation,...

4-21.5-3.5-7. Application to Mediate; List of Approved Mediators - Sec. 7. (a) A person, other than agency personnel, who...

4-21.5-3.5-8. Qualifications of Mediator; Agreement of Parties on Mediator - Sec. 8. (a) Except as provided in subsection (b), a...

4-21.5-3.5-9. Guidelines for Mediator Selection if Parties Do Not Agree - Sec. 9. If rules are adopted under section 2 of...

4-21.5-3.5-10. Choice Not to Serve as Mediator - Sec. 10. A person selected to serve as a mediator...

4-21.5-3.5-11. Replacement of Mediator - Sec. 11. At any time, a party to a proceeding...

4-21.5-3.5-12. Effect if Mediator Chooses Not to Serve - Sec. 12. If a mediator chooses not to serve or...

4-21.5-3.5-13. Mediator Ineligibility - Sec. 13. A mediator may not be selected to mediate...

4-21.5-3.5-14. Mediation Costs - Sec. 14. (a) If the parties to a proceeding elect...

4-21.5-3.5-15. Continuance of Proceedings - Sec. 15. If a proceeding is selected for mediation, the...

4-21.5-3.5-16. Duties of Mediator - Sec. 16. A mediator for a proceeding under this chapter...

4-21.5-3.5-17. Individuals Present at Mediation - Sec. 17. (a) The parties and their attorneys, if any,...

4-21.5-3.5-18. Confidential Statements; Nonpublic Records - Sec. 18. (a) The attorney for a party to a...

4-21.5-3.5-19. Mediator Meetings With Parties - Sec. 19. In the mediation process, the mediator may meet...

4-21.5-3.5-20. Termination of Mediation - Sec. 20. (a) As soon after mediation as practicable, the...

4-21.5-3.5-21. Failure to Reach Agreement; Requirements for Agreement - Sec. 21. (a) If the parties do not reach an...

4-21.5-3.5-22. Ability to Mediate Subsequent Disputes - Sec. 22. A person who has served as a mediator...

4-21.5-3.5-23. Conflicts of Interest - Sec. 23. A mediator is required to use an effective...

4-21.5-3.5-24. Rules of Evidence Do Not Apply - Sec. 24. With the exception of privileged communications, the rules...

4-21.5-3.5-25. Limitation of Discovery - Sec. 25. Whenever possible, parties to a proceeding are encouraged...

4-21.5-3.5-26. Mediation Regarded as Settlement Negotiation - Sec. 26. (a) Mediation shall be regarded as a settlement...

4-21.5-3.5-27. Confidential and Privileged Nature of Mediation - Sec. 27. (a) A mediator is not subject to process...

Chapter 4. Special Proceedings; Emergency and Other Temporary Orders

4-21.5-4-1. Circumstances Warranting Special Proceedings - Sec. 1. An agency may conduct proceedings under this chapter...

4-21.5-4-2. Procedures; Orders - Sec. 2. (a) The agency shall issue the order under...

4-21.5-4-3. Notice; Effectiveness of Order - Sec. 3. The agency shall give such notice as is...

4-21.5-4-4. Hearings - Sec. 4. Upon a request by a party for a...

4-21.5-4-5. Expiration of Order; Exception - Sec. 5. (a) Except as provided in subsection (c), an...

4-21.5-4-6. Records - Sec. 6. The agency record in a proceeding under this...

Chapter 5. Judicial Review

4-21.5-5-1. Exclusive Means for Judicial Review; Exceptions - Sec. 1. Except as provided in IC 22-9 and IC...

4-21.5-5-2. Petition; Persons Entitled to Judicial Review - Sec. 2. (a) Judicial review is initiated by filing a...

4-21.5-5-3. Standing - Sec. 3. (a) The following have standing to obtain judicial...

4-21.5-5-4. Exhaustion of Administrative Remedies; Waiver of Right to Review - Sec. 4. (a) A person may file a petition for...

4-21.5-5-5. Time for Filing - Sec. 5. Except as otherwise provided, a petition for review...

4-21.5-5-6. Venue - Sec. 6. (a) Venue is in the judicial district where:...

4-21.5-5-7. Petition; Filing; Contents - Sec. 7. (a) A petition for review must be filed...

4-21.5-5-8. Service; Rules of Procedure - Sec. 8. (a) A petitioner for judicial review shall serve...

4-21.5-5-9. Stay of Order Pending Court Decision - Sec. 9. (a) If a petition for judicial review concerns...

4-21.5-5-10. Issues Not Raised Before Agency - Sec. 10. A person may obtain judicial review of an...

4-21.5-5-11. Fact Issues Confined to Record - Sec. 11. Judicial review of disputed issues of fact must...

4-21.5-5-12. Evidence; Remand to Agency for Further Factfinding - Sec. 12. (a) The court may receive evidence, in addition...

4-21.5-5-13. Transmittal of Agency Record; Costs; Corrections or Additions - Sec. 13. (a) Within thirty (30) days after the filing...

4-21.5-5-14. Burden of Proof; Standards of Review - Sec. 14. (a) The burden of demonstrating the invalidity of...

4-21.5-5-15. Disposition - Sec. 15. If the court finds that a person has...

4-21.5-5-16. Decisions on Petitions; Appeal - Sec. 16. Decisions on petitions for review of agency action...

Chapter 6. Civil Enforcement

4-21.5-6-1. Court Order for Enforcement - Sec. 1. In addition to any other remedy provided by...

4-21.5-6-2. Enforcement of Subpoenas, Discovery Orders, and Protective Orders - Sec. 2. (a) This section applies only to the enforcement...

4-21.5-6-3. Civil Actions - Sec. 3. (a) This section does not apply to the...

4-21.5-6-4. Naming Violators Required - Sec. 4. A petition for civil enforcement must name as...

4-21.5-6-5. Venue - Sec. 5. Venue is determined in accordance with the rules...

4-21.5-6-6. Relief Granted - Sec. 6. Upon a showing that a person has violated...

4-21.5-6-7. Appeal - Sec. 7. Decisions on petitions for civil enforcement are appealable...

Chapter 7. Environmental Adjudication

4-21.5-7-1. "Director" Defined - Sec. 1. As used in this chapter, "director" refers to...

4-21.5-7-2. "Office" Defined - Sec. 2. As used in this chapter, "office" refers to...

4-21.5-7-3. Office of Environmental Adjudication; Duties - Sec. 3. (a) The office of environmental adjudication is established...

4-21.5-7-4. Employees - Sec. 4. (a) The office consists of the following employees:...

4-21.5-7-5. Decisions Reviewed by Law Judge - Sec. 5. (a) Except as provided in IC 14-10-2-2.5, an...

4-21.5-7-5.5. Consolidated Proceedings - Sec. 5.5. A proceeding that is subject to the jurisdiction...

4-21.5-7-6. Qualifications of Law Judge and Director; Appointment of Special Judge - Sec. 6. (a) An environmental law judge hired after July...

4-21.5-7-7. Powers of Office - Sec. 7. The office may: (1) adopt forms; and (2)...

4-21.5-7-8. Proposed Budget; Payment of Expenses - Sec. 8. (a) The director shall prepare the proposed budget...

4-21.5-7-9. Receipt and Acceptance of Gifts - Sec. 9. The office, on behalf of the state, may...

<< Previous

Next >>

Indiana Code Title 4. State Offices and Administration Article 21.5. Administrative Orders and Procedures

Indiana Code
Title 4. State Offices and Administration
Article 21.5. Administrative Orders and Procedures