Title 4, STATE OFFICES AND ADMINISTRATION

Sec. 4. (a) The instrument conveying the property must show the state of Indiana as the grantee of the property for the use of the acquiring agency. (b) Before the instrument is accepted the following must occur: (1) The land office must approve the legal description contained in…

Sec. 6. (a) The commissioner may authorize an agency under IC 5-22-10-6 to acquire property at an auction. (b) The commissioner shall provide the agency with the maximum amounts that the agency may: (1) bid; and (2) provide as down payment; in the purchase of property under this …

Sec. 1. (a) This section applies to: (1) the giving of any notice; (2) the service of any motion, ruling, order, or other filed item; or (3) the filing of any document with the ultimate authority or the office of administrative law proceedings; in an administrative proceeding und…

Sec. 10. (a) An administrative law judge is subject to disqualification for: (1) bias, prejudice, or interest in the outcome of a proceeding; (2) failure to dispose of the subject of a proceeding in an orderly and reasonably prompt manner after a written request by a party; (3) u…

Sec. 11. (a) Except as provided in subsection (b) or unless required for the disposition of ex parte matters specifically authorized by statute, an administrative law judge serving in a proceeding may not communicate, directly or indirectly, regarding any issue in the proceeding …

Sec. 12. An administrative law judge who: (1) comments publicly, except as to hearing schedules or procedures, about pending or impending proceedings; or (2) engages in financial or business dealings that tend to: (A) reflect adversely on the administrative law judge's impartiali…

Sec. 13. (a) An individual who has served as investigator, prosecutor, or advocate in a proceeding or in its preadjudicative stage may not serve as an administrative law judge or assist or advise the administrative law judge in the same proceeding. (b) An individual who is subjec…

Sec. 14. (a) An administrative law judge conducting a proceeding shall keep a record of the administrative law judge's proceedings under this article. (b) If a motion is based on facts not otherwise appearing in the record for the proceeding, the administrative law judge may hear…

Sec. 15. (a) Any party may participate in a proceeding in person or, if the party is not an individual or is incompetent to participate, by a duly authorized representative. (b) Whether or not participating in person, any party may be advised and represented at the party's own ex…

Sec. 16. (a) A person who: (1) cannot speak or understand the English language or who because of hearing, speaking, or other impairment has difficulty in communicating with other persons; and (2) is a party or witness in any proceeding under this article; is entitled to an interp…

Sec. 17. (a) The administrative law judge, at appropriate stages of a proceeding, shall give all parties full opportunity to file pleadings, motions, and objections and submit offers of settlement. (b) The administrative law judge, at appropriate stages of a proceeding, may give …

Sec. 18. (a) The administrative law judge for the hearing, subject to the agency's rules, may, on the administrative law judge's own motion, and shall, on the motion of a party, conduct a prehearing conference. The administrative law judge may deny a motion for a prehearing confe…

Sec. 19. (a) This section and section 18 of this chapter apply to prehearing conferences. (b) To expedite a decision on pending motions and other issues, the administrative law judge may conduct all or part of the prehearing conference by telephone, television, or other electroni…

Sec. 2. (a) In computing any period of time under this article, the day of the act, event, or default from which the designated period of time begins to run is not included. The last day of the computed period is to be included unless it is: (1) a Saturday; (2) a Sunday; (3) a le…

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 wi…

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…

Sec. 22. (a) The administrative law judge at the request of any party or an agency shall, and upon the administrative law judge's own motion may, issue: (1) subpoenas; (2) discovery orders; and (3) protective orders; in accordance with the rules of procedure governing discovery, …

Sec. 23. (a) A party may, at any time after a matter is assigned to an administrative law judge, move for a summary judgment in the party's favor as to all or any part of the issues in a proceeding. (b) Except as otherwise provided in this section, an administrative law judge sha…

Sec. 24. (a) At any stage of a proceeding, if a party fails to: (1) satisfy the requirements of section 7(a) of this chapter; (2) file a responsive pleading required by statute or rule; (3) attend or participate in a prehearing conference, hearing, or other stage of the proceedin…

Sec. 25. (a) This section and section 26 of this chapter govern the conduct of any hearing held by an administrative law judge. (b) The administrative law judge shall regulate the course of the proceedings in conformity with any prehearing order and in an informal manner without …

Sec. 26. (a) This section and section 25 of this chapter govern the conduct of any hearing conducted by an administrative law judge. Upon proper objection, the administrative law judge shall exclude evidence that is irrelevant, immaterial, unduly repetitious, or excludable on con…

Sec. 27. (a) If the administrative law judge is the ultimate authority for the agency, the ultimate authority's order disposing of a proceeding is a final order. If the administrative law judge is not the ultimate authority, the administrative law judge's order disposing of the p…

Sec. 27.5. (a) In a proceeding under this chapter concerning an agency action, the administrative law judge shall order the agency to pay the reasonable attorney's fees incurred in the proceeding by the prevailing party challenging the agency action if: (1) the party challenging …

Sec. 28. (a) This section applies to proceedings under sections 29, 30, and 31 of this chapter. (b) The ultimate authority or its designee shall conduct proceedings to issue a final order. A designee may be selected in advance of the commencement of any particular proceeding for …

Sec. 29. (a) This section does not apply if the administrative law judge issuing an order under section 27 of this chapter is the ultimate authority for the agency. (b) After an administrative law judge issues a nonfinal order under section 27 of this chapter, the ultimate author…

Sec. 3. (a) An agency shall give notice concerning an order under section 4, 5, 6, or 8 of this chapter. An agency shall conduct additional proceedings under this chapter if required by section 7 or 8 of this chapter. However, IC 4-21.5-4 applies to the notice and proceedings nec…

Sec. 30. If, under a statute, an agency may review the final order of another agency, the review shall be treated as if it was a continuous proceeding before a single agency. For the purposes of this review and the application of section 3 of this chapter concerning the effective…

Sec. 31. (a) An ultimate authority has jurisdiction to modify a final order under this section before the earlier of the following: (1) Thirty (30) days after the agency has served the final order under section 27, 29, or 30 of this chapter. (2) Another agency assumes jurisdictio…

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 …

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, request…

Sec. 34. (a) An agency is encouraged to develop informal procedures that are consistent with this article and make unnecessary more elaborate proceedings under this article. (b) An agency may adopt rules, under IC 4-22-2, setting specific procedures to facilitate informal settlem…

Sec. 35. An agency may grant procedural rights to persons in addition to those conferred by this article so long as the rights conferred upon other persons by any law are not substantially prejudiced. The agency may adopt rules, under IC 4-22-2, concerning the nature and requirem…

Sec. 36. An individual who: (1) is serving alone or with others as an administrative law judge or as a person presiding in a proceeding under sections 28 through 31 of this chapter; and (2) knowingly or intentionally violates section 11, 12, or 13 of this chapter; commits a Class…

Sec. 37. A person who: (1) aids, induces, or causes an individual serving alone or with others as an administrative law judge or as a person presiding in a proceeding under sections 28 through 31 of this chapter to violate section 11, 12, or 13 of this chapter; and (2) acts with …

Sec. 4. (a) Notice must be given under this section concerning the following: (1) The denial of a driver's license by the bureau of motor vehicles under IC 9. (2) The grant, renewal, restoration, transfer, or denial of a noncommercial fishing or hunting license by the department …

Sec. 5. (a) Notice shall be given under this section concerning the following: (1) The grant, renewal, restoration, transfer, or denial of a license not described by section 4 of this chapter. (2) The approval, renewal, or denial of a loan, grant of property or services, bond, fi…

Sec. 6. (a) Notice shall be given under this section concerning the following: (1) A safety order under IC 22-8-1.1. (2) Any order that: (A) imposes a sanction on a person or terminates a legal right, duty, privilege, immunity, or other legal interest of a person; (B) is not desc…

Sec. 7. (a) To qualify for review of a personnel action to which IC 4-15-2.2 applies, a person must comply with IC 4-15-2.2-42. To qualify for review of any other order described in section 4, 5, or 6 of this chapter, a person must petition for review in a writing that does the f…

Sec. 8. (a) An agency may issue a sanction or terminate a legal right, duty, privilege, immunity, or other legal interest not described by section 4, 5, or 6 of this chapter only after conducting a proceeding under this chapter. However, this subsection does not preclude an agenc…

Sec. 8.5. (a) After June 30, 2020, this section does not apply to an agency that is subject to the jurisdiction of the office of administrative law proceedings. (b) An agency may share an administrative law judge with another agency: (1) to avoid bias, prejudice, interest in the …

Sec. 9. (a) Except to the extent that a statute other than this article limits an agency's discretion to select an administrative law judge, the ultimate authority may: (1) act as an administrative law judge; (2) designate one (1) or more members of the ultimate authority (if the…

Sec. 1. The Band may lawfully conduct on the South Bend Site only the following forms of Class III gaming that may be lawfully conducted by any other person under Indiana law: (1) Electronic Games of Chance; (2) Baccarat and mini-baccarat; chemin-de-fer; twenty-one (21) or blackj…

Sec. 2. Additional Class III games may be lawfully offered by the Band only by mutual agreement of the Band and the State as follows: (1) The Band shall request additional Class III games by letter from the Tribal Chairperson on behalf of the Band to the Governor on behalf of the…

Sec. 3. Sports wagering and paid fantasy sports games authorized to be conducted by the Band under this Compact may be conducted and offered by the Band on internet and mobile platforms only so long as the wagers on such platforms are initiated by patrons who are physically prese…

Sec. 4. The number of games that may be operated or played on the South Bend Site cannot exceed the greatest number of games offered by a State licensed owner or operating agent as of the effective date of this Compact, which is three thousand four hundred three (3,403) games. Ex…

Sec. 5. Except as expressly authorized by this Compact for sports wagering and paid fantasy sports games under section 3 of this chapter, the Band shall not conduct or allow any other person to conduct any form of internet gaming or mobile wagering under this Compact; provided, h…