Section 4-21.5-3-29 - Orders from other than ultimate authority; review by ultimate authority; objections(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 authority or its designee shall issue:(1) a final order affirming the administrative law judge's order;(2) a final order modifying the administrative law judge's order; or(3) an order remanding the matter, with or without instructions, to an administrative law judge for further proceedings.(c) In the absence of an objection or notice under subsection (d) or (e), the order is final and the agency issuing the nonfinal order shall issue a notice of final order within thirty (30) days after the deadline to file a notice under subsection (e).(d) To preserve an objection to an order of an administrative law judge for judicial review, a party must not be in default under this chapter and must object to the order in a writing that:(1) identifies the basis of the objection with reasonable particularity; and(2) is filed with the ultimate authority responsible for reviewing the order. The written objection must be served on all parties and the agency issuing the nonfinal order within fifteen (15) days (or any longer period set by statute) after the order is served on the petitioner.
(e) Without an objection under subsection (d), the ultimate authority or its designee may serve written notice of its intent to review any issue related to the order. The notice shall be served on all parties, the agency issuing the nonfinal order, and all other persons described by section 5(d) of this chapter within sixty (60) days after the nonfinal order is served on the parties. The notice of intent to review must identify the issues that the ultimate authority or its designee intends to review.(f) A final order disposing of a proceeding or an order remanding an order to an administrative law judge for further proceedings shall be issued within sixty (60) days after the latter of: (1) the date that the order was issued under section 27 of this chapter;(2) the receipt of briefs; or(3) the close of oral argument; unless the period is waived or extended with the written consent of all parties or for good cause shown.
(g) After remand of an order under this section to an administrative law judge, the judge's order is also subject to review under this section.Amended by P.L. 128-2024,SEC. 10, eff. 7/1/2024.As added by P.L. 18-1986, SEC.1.