646 Ind. Admin. Code 5-10-5

Current through October 31, 2024

Section 646 IAC 5-10-5 - Conduct in hearings before administrative law judges

Authority: IC 22-4-18-1; IC 22-4.1-3-3

Affected: IC 22-4; IC 22-4.1

Sec. 5.

(a) All hearings shall be conducted informally in order to determine the substantial rights of the parties. The parties may present evidence as the administrative law judge deems necessary for determining the substantial rights of the parties. The parties to the appeal may appear for themselves, by attorney, or by duly authorized agent or representative, under section 18 of this rule, and shall have the right to examine their own witnesses, present evidence, and cross-examine witnesses of the opposing party. An administrative law judge:

(1) shall have the right to examine all witnesses;

(2) may require the parties to produce any available evidence that the parties deem necessary for a proper determination of the case; and

(3) where either party fails to appear, or where either party is not represented by an attorney or duly authorized agent, shall have the duty to examine the party's witnesses, and to cross-examine all witnesses of the other party, in order to ensure complete presentation of the case.

In general, the Indiana Rules of Trial Procedure and the Indiana Rules of Evidence shall govern proceedings before an administrative law judge or the review board.

(b) In general, hearsay evidence shall not be considered; however, an administrative law judge shall consider all hearsay evidence as would be admissible under common law or the Indiana Rules of Evidence. Hearsay evidence that is not admissible under a recognized hearsay exception may be admitted, but shall not be entitled to the same evidentiary weight as direct testimony. Hearsay evidence properly objected to, but not falling within a recognized hearsay exception, that is admitted into the record shall not form the sole basis for a decision by an administrative law judge or the review board.

646 IAC 5-10-5

Department of Workforce Development; 646 IAC 5-10-5; filed Apr 26, 2011, 11:23 a.m.: 20110525-IR-646100464FRA

Readopted filed 11/27/2017, 3:22 p.m.: 20171227-IR-646170447RFA

Readopted filed 6/16/2023, 1:21 p.m.: 20230712-IR-646230344RFA