Section 140 IAC 1-1-11 - Final orders; objections to recommended orders; judicial reviewsAuthority: IC 9-14-8-3
Affected: IC 4-21.5-3-29; IC 9-14; IC 9-24; IC 9-25; IC 9-30
Sec. 11.
(a) The administrative law judge's findings of fact and recommended order shall become a final order if the bureau does not receive a written objection to the recommended order within fifteen (15) days of the service of the order, or within eighteen (18) days if the bureau serves the order through the United States mail.(b) If an administrative law judge makes findings of fact and a recommended order to suspend a party's driver's license or permit, such suspension period shall begin on the date the administrative law judge determines.(c) Upon receiving a timely objection to a recommended order, the commissioner or his or her designee shall affirm, modify, or replace the recommended order in a subsequent final order, or may remand the matter back to the administrative law judge under IC 4-21.5-3-29. The suspension of driving privileges shall remain in effect pending the commissioner or his or her designee's final order of any appeal brought under this section.(d) The time for filing for judicial review of any final order shall be in accordance with IC 4-21.5-3.(e) A final order that suspends a party's driver's license or permit for an indefinite period shall be terminated, and the party's current driver's license or permit reinstated, upon the fulfillment of the requirements set forth in such order. If the party has been only partially successful in fulfilling the requirements set forth in such order, the administrative law judge may, after due notice and conducting a hearing as prescribed in this rule, issue a recommended order that the party be permitted to drive a motor vehicle under restrictions suitable to the party's driving ability and in accordance with the party's motor vehicle record. The party must then obtain a restricted driver's license or permit, which reflects the final order's restrictions. Bureau of Motor Vehicles; Hearing Procedure Reg I, Rule XI; filed Dec 11, 1959, 3:00 p.m.: Rules and Regs. 1960, p. 101; filed Nov 26, 1996, 4:35 p.m.: 20 IR 936; readopted filed Oct 17, 2001, 4:46 p.m.: 25 IR 901; readopted filed Nov 14, 2007, 1:31 p.m.: 20071212-IR-140070562RFA; filed Oct 7, 2008, 10:23 a.m.: 20081105-IR-140080215FRAReadopted filed 11/3/2014, 1:43 p.m.: 20141203-IR-140140375RFAFiled 11/16/2015, 12:44 p.m.: 20151216-IR-140150061FRA, eff 1/1/2016Readopted filed 5/6/2021, 9:11 a.m.: 20210602-IR-140210126RFAThis version of section effective January 1, 2016. See also preceding version of section, effective until January 1, 2016.