Section 470 IAC 1-4-4 - Conduct and authority of administrative law judgeAuthority: IC 12-13-2-3; IC 12-13-5-3
Affected: IC 12-13
Sec. 4.
(a) An administrative law judge's (ALJ) conduct 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: (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 agency in the administrative action heard or to be heard by him or her or in a factually related administrative or judicial action;(3) being influenced by partisan interests, public clamor, or fear of criticism;(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; or(6) engaging in financial or business dealings that tend to: (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; or(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 his or her impartiality might reasonably be questioned, or in which 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 an agency from serving as an ALJ.(c) The ALJ shall be authorized to: (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; and(9) exercise such other powers as may be given by the law relating to the particular program area under appeal. Division of Family Resources; 470 IAC 1-4-4; filed May 22, 1987, 12:45 p.m.: 10 IR 2278, eff Jul 1, 1987; filed Jun 19, 1996, 9:00 a.m.: 19 IR 3075; readopted filed Jul 12, 2001, 1:40 p.m.: 24 IR 4235; readopted filed Oct 24, 2007, 11:25 a.m.: 20071121-IR-470070448RFA; readopted filed Aug 23, 2013, 3:36 p.m.: 20130918-IR-470130306RFAReadopted filed 11/13/2019, 11:56 a.m.: 20191211-IR-470190490RFA