Section 905 IAC 1-37-13 - Issuance of final orders by the commissionAuthority: IC 7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 13.
(a) After the hearing judge issues a proposed order, the commission shall issue a final order:(2) accepting and modifying; or(3) rejecting; the hearing judge's proposed order. The commission may remand the matter, with or without instructions, to the hearing judge for further proceedings.
(b) In the absence of an objection or notice under subsection (c) or (d), the commission may accept the proposed order as its final order.(c) To preserve for judicial review, an objection to a proposed order of the hearing judge, a permittee must not be in default and must object to the proposed order in a writing that: (1) identifies the basis of the objection with reasonable particularity; and(2) is filed with the commission within fifteen (15) days after the proposed order is served on the permittee unless this period is extended with the written consent of the prosecutor or for good cause shown, as determined by the hearing judge.(d) A final order disposing of a proceeding or an order remanding a proposed order to the hearing judge for further proceedings shall be issued within seventy (70) days after the latter of the date that the order was issued unless the period is waived or extended with the written consent of all parties or for good cause shown, as determined by the commission.(e) After remand of an order under this section to the hearing judge, the hearing judge's later proposed order is also subject to review. Alcohol and Tobacco Commission; 905 IAC 1-37-13; filed Feb 20, 1991, 5:05 p.m.: 14 IR 1453; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFAReadopted filed 10/29/2019, 11:50 a.m.: 20191127-IR-905190418RFA