Section 45 IAC 9-1-5 - License revocation hearingAuthority: IC 6-8.1-3-3; IC 25-16-1-18; IC 25-16-2-1
Affected: IC 25-16-1-2
Sec. 5.
Hearing Procedure.
(a) Hearing and Notice before final determination as to revocation of license. Whenever it is the judgment of the Administrator of Licensed Employment Agencies that an agency has violated any provisions of Indiana law or Indiana rules and regulations pertaining to employment agencies, he may recommend that the agency's license be revoked. The final order or determination of any issue or case applicable to a specific agency shall not be made except upon hearing and timely notice of time, place, and nature thereof.(b) Hearing Officers. The hearing shall be conducted by a panel of three (3) Hearing Officers appointed by the Commissioner of the Indiana Department of State Revenue. The final determination of the panel of Hearing Officers shall be made by at least a majority thereof and is subject to the approval of the Commissioner of the Indiana Department of Revenue.(c) Notice. In all cases in which the Department of Revenue is the moving party it shall give at least twenty (20) days notice in writing by registered or certified mail with return receipt requested, addressed to the persons or person against whom an order or determination may be made at their last known place of residence, or place of business, which notice shall set forth therein a sufficient statement of the matters of fact or law to advise such a person of the matters in issue and to be heard or determined by said Department, together with notice of the time and place of such hearing. Said statement may be informal and need not conform to the requirements of a pleading in court. Whenever the hearing involves the claim, averment or complaint of, or is made by a private person, a copy or the substance thereof shall be included in or exhibited with such notice.(d) Opportunity to be Present. No evidence shall be received except upon reasonable opportunity for all persons, against whom a determination may be made, to be present. The Hearing Officers presiding at the hearing shall have the power to administer oaths and affirmations, issue subpoenas, rule upon offers of proof and receive relevant oral or documentary evidence, take or cause depositions to be taken, regulate the course of the hearing and conduct of the parties, hold informal conferences for the settlement or simplification of the issues by consent of the party or parties, dispose of procedural motions and similar matters, and such other powers as may be given by the law relating to the supervision of employment agencies.(e) Informal Hearings. The Department is hereby authorized to conduct such hearing in an informal manner and without recourse to the technical common-law rules of evidence required in proceedings in judicial courts, and such manner of proof and introduction of evidence shall be deemed sufficient and shall govern the proof, decision, and administrative or judicial review of all questions of fact if substantial, reliable and probative evidence supports the Department's determination. The Department shall as a matter of policy provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. Every person who is a party to such proceedings shall have the right to submit evidence in open hearing and shall have the right of cross-examination. Hearings may be held at any place in the state determined by the Department.(f) Record. The transcript of testimony adduced and exhibits admitted together with notice, all pleadings, exceptions, motions, requests and papers filed, other than briefs or arguments of law, shall constitute the complete and exclusive record of such hearing and determination of the Department, and it shall be available to all parties for examination. Any party may obtain a copy thereof at its expense. Whenever objections to recommended determinations are filed or when a petition for judicial review is filed, such evidence together with the original or a copy of all exhibits admitted, the notice of hearing, all pleadings, exceptions, motions, requests and papers filed, other than briefs or arguments of law, shall be incorporated in a transcript and certified by the Hearing Officers presiding at the hearing. Such transcript when so prepared and certified shall be admissible without further proof in any subsequent review or proceeding affecting such determination of the Department, and shall be prima facie evidence of all facts therein contained as the complete record of such hearing or determination.(g) Finding of Facts. All issues of fact shall be considered and determined upon the record. The Department shall make an informal finding of facts which shall encompass the relevant facts shown by the evidence. Said finding of facts may be made by direct statement or by reference to the particular charges made in the complaint before the Department. A reference to the particular charges in the complaint shall be sufficient as a finding of facts. Notice of all final orders and determinations shall be given promptly by registered or certified mail, return receipt required, to all parties to the hearing by the Department of Revenue.(h) Force and Effect. Revocation of licenses shall be effective as of the date of revocation by the Department, and shall remain revoked until and unless set aside by a court.Department of State Revenue; Rule 5; filed Mar 3, 1975, 2:10 pm: Rules and Regs. 1976, p. 418