405 Ind. Admin. Code 8-9-8

Current through May 29, 2024

Section 405 IAC 8-9-8 - Hearing decision

Authority: IC 12-10-16-5

Affected: IC 12-10-16

Sec. 8.

(a) Following completion of the hearing, or after submission of briefs by the parties (if briefing is permitted by the administrative law judge (ALJ), the ALJ shall issue his or her decision in the matter concurrently to the parties. The decision shall be final unless a party requests agency review of the decision in accordance with this rule.

(b) The ALJ's decision shall do the following:

(1) Include findings of fact.

(2) Specify the reasons for the decision.

(3) Identify the evidence and statutes, regulations, rules and policies supporting the decision.

(c) The findings of fact need not include a recitation of every piece of evidence admitted in the evidentiary hearing. Rather, the findings should contain the basic facts that have formed the basis for the ALJ's ultimate decision. The ALJ's decision must also do the following:

(1) Cite the relevant laws upon which the ultimate decision is based.

(2) Relate the facts to the law.

405 IAC 8-9-8

Office of the Secretary of Family and Social Services; 405 IAC 8-9-8; filed Mar 29, 2006, 2:19 p.m.: 29 IR 2534; readopted filed Jun 18, 2012, 11:19 a.m.: 20120718-IR-405120201RFA

Readopted filed 4/9/2018, 9:12 a.m.: 20180509-IR-405180110RFA