Sec. 20. (a) The administrative law judge for the hearing shall set the time and place of the hearing and give reasonable written notice to all parties and to all persons who have filed written petitions to intervene in the matter. Unless a shorter notice is required to comply with any law or is stipulated by all parties and persons filing written requests for intervention, an agency shall give at least five (5) days notice of the hearing. (b) The notice must include a copy of any prehearing order rendered in the matter. (c) To the extent not included in a prehearing order accompanying it the initial hearing notice in a proceeding must include the following: (1) The names and mailing addresses of all parties and other persons to whom notice is being given by the administrative law judge. (2) The name, official title, and mailing address of any counsel or employee who has been designated to appear for the agency and a telephone number through which the counsel or employee can be reached. (3) The official file or other reference number, the name of the proceeding, and a general description of the subject matter. (4) A statement of the time, place, and nature of the hearing. (5) A statement of the legal authority and jurisdiction under which the hearing is to be held. (6) The name, official title, and mailing address of the administrative law judge and a telephone number through which information concerning hearing schedules and procedures may be obtained. (7) A statement of the issues involved and, to the extent known to the administrative law judge, of the matters asserted by the parties. (8) A statement that a party who fails to attend or participate in a prehearing conference, hearing, or other later stage of the proceeding may be held in default or have a proceeding dismissed under section 24 of this chapter. (d) Subsequent hearing notices in the proceeding may omit the information described in subsections (c)(1), (c)(2), (c)(5), and (c)(8). (e) Any notice under this section may include any other matters the administrative law judge considers desirable to expedite the proceedings. (f) The administrative law judge shall give notice to persons other than parties and petitioners for intervention who are entitled to notice under any law. Notice under this subsection may include all types of information provided in subsections (a) through (e) or may consist of a brief statement indicating: (1) the subject matter, parties, time, place, and nature of the hearing; (2) the manner in which copies of the notice to the parties may be inspected and copied; (3) the name of the administrative law judge; and (4) a telephone number through which information concerning proceeding hearing schedules and procedures may be obtained. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.11.
IC 4-21.5-3-21 Petition for intervention Sec. 21. (a) Before the beginning of the hearing on the subject of the proceeding, the administrative law judge shall grant a petition for intervention in a proceeding and identify the petitioner in the record of the proceeding as a party if: (1) the petition: (A) is submitted in writing to the administrative law judge, with copies mailed to all parties named in the record of the proceeding; and (B) states facts demonstrating that a statute gives the petitioner an unconditional right to intervene in the proceeding; or (2) the petition: (A) is submitted in writing to the administrative law judge, with copies mailed to all parties named in the record of the proceeding, at least three (3) days before the hearing; and (B) states facts demonstrating that the petitioner is aggrieved or adversely affected by the order or a statute gives the petitioner a conditional right to intervene in the proceeding. (b) The administrative law judge, at least twenty-four (24) hours before the beginning of the hearing, shall issue an order granting or denying each pending petition for intervention. (c) After the beginning of the hearing on the subject of the proceeding, but before the close of evidence in the hearing, anyone may be permitted to intervene in the proceeding if: (1) a statute confers a conditional right to intervene or an applicant's claim or defense and the main action have a question of law or fact in common; and (2) the administrative law judge determines that the interests of justice and the orderly and prompt conduct of the proceedings will not be impaired by allowing the intervention. In exercising its discretion, the administrative law judge shall consider whether the intervention will unduly delay or prejudice the adjudication of the legal interests of any of the parties. (d) An order granting or denying a petition for intervention must specify any condition and briefly state the reasons for the order. The administrative law judge may modify the order at any time, stating the reasons for the modification. The administrative law judge shall promptly give notice of an order granting, denying, or modifying intervention to the petitioner for intervention and to all parties. As added by P.L.18-1986, SEC.1. Amended by P.L.35-1987, SEC.12.