Section 405 IAC 8-9-6 - Conduct and authority of administrative law judgeAuthority: IC 12-10-16-5
Affected: IC 12-10-16
Sec. 6.
(a) The conduct of an administrative law judge (ALJ) shall be in a manner that promotes public confidence in the integrity and impartiality of the administrative hearing process. The ALJ who conducts a hearing is prohibited from any of the following: (1) Consulting any party or party's agent on any fact in issue unless upon notice and opportunity for all parties to participate.(2) Performing any of the investigative or prosecutorial functions of the family and social services administration in the administrative appeal heard or to be heard by him or her or in a factually related administrative or judicial action.(3) Being influenced by any of the following: (4) Conveying or permitting others to convey the impression that they are in a special position to influence the ALJ.(5) Commenting publicly, except as to hearing schedules or procedures, about pending or impending proceedings.(6) Engaging in financial or business dealings that tend to do any of the following: (A) Reflect adversely on his or her impartiality.(B) Interfere with the proper performance of his or her duties.(C) Exploit the ALJ's position.(D) Involve the ALJ in frequent financial business dealings with attorneys or other persons who are likely to come before the ALJ.(b) An ALJ shall disqualify himself or herself in a proceeding in which: (1) his or her impartiality might reasonably be questioned; or(2) the ALJ's personal bias, prejudice, or knowledge of a disputed evidentiary fact might influence the decision. Nothing in this subsection prohibits a person who is an employee of the family and social services administration from serving as an ALJ.(c) The ALJ shall be authorized to do the following:(1) Administer oaths and affirmations.(3) Rule upon offers of proof.(4) Receive relevant evidence.(5) Facilitate discovery in accordance with the Indiana rules of trial procedure.(6) Regulate the course of the hearing and conduct of the parties.(7) Hold informal conferences for the settlement or simplification of the issues under appeal.(8) Dispose of procedural motions and similar matters.(9) Exercise such other powers as may be given by the law relating to the particular program area under appeal. Office of the Secretary of Family and Social Services; 405 IAC 8-9-6; filed Mar 29, 2006, 2:19 p.m.: 29 IR 2534; readopted filed Jun 18, 2012, 11:19 a.m.: 20120718-IR-405120201RFAReadopted filed 4/9/2018, 9:12 a.m.: 20180509-IR-405180110RFA