Current through December 12, 2024
Section 405 IAC 1.1-1-4 - Conduct and authority of administrative law judgeAuthority: IC 12-15-1-10
Affected: IC 12-15-28
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 Medicaid program.Office of the Secretary of Family and Social Services; 405 IAC 1.1-1-4; filed Jul 18, 1996, 3:00 p.m.: 19 IR 3378; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFAReadopted filed 11/13/2019, 11:54 a.m.: 20191211-IR-405190487RFA