Section 465 IAC 3-3-12 - Conduct and authority of administrative law judgeAuthority: IC 31-19-26.5-12; IC 31-25-2-18; IC 31-25-4-27; IC 31-33-26-13
Affected: IC 4-21.5-3; IC 31-9-2-17.8; IC 31-16-15-4.3; IC 31-19-26.5; IC 31-25-4; IC 31-33-26-9
Sec. 12.
(a) An ALJ shall conduct a proceeding under this rule in a manner that promotes public confidence in the integrity and impartiality of the administrative process.(b) The provisions of IC 4-21.5-3-11 through IC 4-21.5-3-13, relating to ex parte communications, prohibited acts, disqualification, and involvement in a preadjudicative stage of the matter that is the subject of a hearing, apply to proceedings and hearings under this rule.(c) The assigned ALJ may, when necessary, requested by a party, or otherwise determined to be appropriate, schedule and conduct prehearing conferences or other informal conferences, substantially in accordance with any applicable provisions of IC 4- 21.5-3-18 and IC 4-21.5-3-19.(d) The assigned ALJ may conduct proceedings and make rulings or decisions regarding any procedural matter in conducting proceedings under this rule, to the same extent that a trial court judge is authorized to conduct proceedings and make rulings or decisions in a civil action, utilizing any applicable provision of the Indiana Rules of Trial Procedure. In addition, the ALJ may exercise any powers or authority given to an ALJ under a provision of law applicable to the program or matter that is the subject of the hearing.Department of Child Services; 465 IAC 3-3-12; filed Nov 14, 2012, 12:46 p.m.: 20121212-IR-465120404FRAReadopted filed 9/4/2018, 2:31 p.m.: 20181003-IR-465180321RFAReadopted filed 7/11/2024, 12:29 p.m.: 20240807-IR-465230813RFA