Title 4, TITLE 4. STATE OFFICES AND ADMINISTRATION
366 chapters · 3,438 sections in this title.
Ind. Code § 4-38-3-2 Adoption of rules concerning certificate holders
1.5K chars
Sec. 2. Rules adopted under section 1 of this chapter must require a certificate holder to do the following: (1) Designate one (1) or more areas within the licensed facility operated by the certificate holder for sports wagering conducted under this article. (2) Ensure that the c…
Ind. Code § 4-13.1-3-1 Accessibility standards
1.7K chars
Sec. 1. (a) The office shall appoint a group to develop standards that are compatible with principles and goals contained in the electronic and information technology accessibility standards adopted by the architectural and transportation barriers compliance board under Section 5…
Ind. Code § 4-13.6-3-1 Duties of department; assignment of public works project
1.8K chars
Sec. 1. (a) Except as provided in IC 4-13.6-4, the department shall: (1) adopt rules under IC 4-22-2 necessary to carry out this article; (2) consider and decide matters of policy under this article; and (3) enforce this article and the rules adopted under it. However, the depart…
Ind. Code § 4-13.6-3-2 Establishment of division; powers and duties; determination of
1.5K chars
project value Sec. 2. (a) The public works division is established within the department. Subject to this article, the division shall: (1) prepare or supervise preparation of contract documents for public works projects; (2) approve contract documents for public works projects; (…
Ind. Code § 4-13.6-3-3 Certification board
0.5K chars
Sec. 3. (a) There is established a certification board. The following persons shall serve on the certification board: (1) The director of engineering of the department of natural resources. (2) The director. (3) The state building commissioner of the department of homeland securi…
Ind. Code § 4-13.6-3-4 Increased compensation for early performance of contracts;
0.8K chars
deductions for late completion of contracts; notice Sec. 4. (a) The commissioner may specify in a contract that early performance of the contract will result in increased compensation at either: (1) a percentage of the contract amount; or (2) a specific dollar amount; determined …
Ind. Code § 4-20.5-3-1 Application of chapter
0.3K chars
Sec. 1. This chapter does not apply to either of the following: (1) Acquisition of property under IC 32-24. (2) Acquisition of property by the Indiana department of transportation. However, this chapter applies to property acquired under IC 8-4.5-5. As added by P.L.7-1993, SEC.7.…
Ind. Code § 4-20.5-3-2 Contractual acquisition
0.2K chars
Sec. 2. An agency may acquire property from the owner of the property under a contract between the agency and the owner of the property. As added by P.L.7-1993, SEC.7.
Ind. Code § 4-20.5-3-3 Repealed
0.1K chars
As added by P.L.7-1993, SEC.7. Repealed by P.L.262-2001, SEC.2.
Ind. Code § 4-20.5-3-4 Conveyance; procedure
0.6K chars
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…
Ind. Code § 4-20.5-3-5 Repealed
0.1K chars
As added by P.L.7-1993, SEC.7. Repealed by P.L.1-1995, SEC.91.
Ind. Code § 4-20.5-3-6 Auctions
0.4K chars
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 …
Ind. Code § 4-21.5-3-1 Service of process; notice by publication
3.6K chars
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…
Ind. Code § 4-21.5-3-10 Disqualification of administrative law judge
2.9K chars
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…
Ind. Code § 4-21.5-3-11 Ex parte communications; violations
3.3K chars
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 …
Ind. Code § 4-21.5-3-12 Administrative law judge; prohibited acts; disqualification
0.8K chars
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…
Ind. Code § 4-21.5-3-13 Disqualification; involvement in preadjudicative stage
1.7K chars
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…
Ind. Code § 4-21.5-3-14 Record; hearing on motion; burden of proof; standard of
1.2K chars
review 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 m…
Ind. Code § 4-21.5-3-15 Participation in proceeding
0.4K chars
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…
Ind. Code § 4-21.5-3-16 Interpreters
1.5K chars
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…
Ind. Code § 4-21.5-3-17 Opportunity to file documents; copies
0.8K chars
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 …
Ind. Code § 4-21.5-3-18 Prehearing conference; notice
2.6K chars
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…
Ind. Code § 4-21.5-3-19 Prehearing conference; electronic means; matters considered;
1.7K chars
prehearing order on pleadings 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, …
Ind. Code § 4-21.5-3-2 Time computation
1.5K chars
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…
Ind. Code § 4-21.5-3-20 Hearing; time and place; notice
5.5K chars
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…
Ind. Code § 4-21.5-3-22 Administrative orders; enforcement
0.8K chars
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, …
Ind. Code § 4-21.5-3-23 Summary judgment
0.8K chars
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…
Ind. Code § 4-21.5-3-24 Default or dismissal
2.0K chars
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…
Ind. Code § 4-21.5-3-25 Conduct of hearing; procedure
3.3K chars
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 …
Ind. Code § 4-21.5-3-26 Conduct of hearing; evidence
2.2K chars
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…
Ind. Code § 4-21.5-3-27 Final orders; findings of fact and conclusions of law
3.2K chars
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…
Ind. Code § 4-21.5-3-27.5 Attorney's fees
0.7K chars
Sec. 27.5. 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 the …
Ind. Code § 4-21.5-3-28 Final order; authority to issue; proceedings
2.9K chars
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 …
Ind. Code § 4-21.5-3-29 Orders from other than ultimate authority; review by ultimate
2.2K chars
authority; objections 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 an order under section 27 of this chapter, the u…
Ind. Code § 4-21.5-3-3 Notice of orders; additional proceedings; effectiveness; stays
1.4K chars
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…
Ind. Code § 4-21.5-3-30 Review by another agency
0.8K chars
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…
Ind. Code § 4-21.5-3-31 Modification of final order
2.2K chars
Sec. 31. (a) An agency 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 jurisdiction over the f…
Ind. Code § 4-21.5-3-32 Final orders; public inspection; indexing; deletions; precedent
1.0K chars
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 …
Ind. Code § 4-21.5-3-33 Records
1.4K chars
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…
Ind. Code § 4-21.5-3-34 Informal procedures; rules; final orders
1.9K chars
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…
Ind. Code § 4-21.5-3-35 Additional procedural rights; rules
0.5K chars
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…
Ind. Code § 4-21.5-3-36 Persons presiding in proceedings; violations
0.3K chars
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…
Ind. Code § 4-21.5-3-37 Aiding in violation
0.6K chars
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 …
Ind. Code § 4-21.5-3-4 Notice required; licenses and personnel decisions; persons who
5.2K chars
must be notified; contents 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…
Ind. Code § 4-21.5-3-5 Notice required; certain licensing and other decisions; persons
6.6K chars
who must be notified; contents; effectiveness of order; stays 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…
Ind. Code § 4-21.5-3-6 Notice required; persons who must receive notice; contents;
4.3K chars
effective date; stay, preliminary hearing, and resulting order Note: This version of section effective 1-1-2024. See also preceding version of this section, effective until 1-1-2024. Sec. 6. (a) Notice shall be given under this section concerning the following: (1) A safety order…
Ind. Code § 4-21.5-3-7 Review; petition; denial of petition; preliminary hearing
5.8K chars
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…
Ind. Code § 4-21.5-3-8 Sanctions; temporary orders
1.2K chars
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…
Ind. Code § 4-21.5-3-8.5 Sharing administrative law judges among agencies;
1.0K chars
information concerning administrative law judges 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 agenc…
Ind. Code § 4-21.5-3-9 Ultimate authority of agency; acting as or designating an
4.5K chars
administrative judge; disqualification; procedures 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 for an agency may: (1) act as an administrative law judge; (2) de…