Indiana Administrative Law

(1) 60 Days, (2) Notice of Intent, (3) $500,000 Notice, (4) Preliminary Rule Adoption, (5) Public Hearing and Opportunity to Comment, (6) Agency Consideration of and Response to Comments, (7) Final Rule Adoption, (8) Attorney General Approval, (9) Governor Approval, (10) Filing with the Secretary of State, (11) Recall of a Rule, (12) One -Year Deadline

Rules may be made before a statute's effective date. That must be made within 60 days of statute's effective date. Rules Oversight Committee must be notified if this can not be met.

Notice of intent to adopt the rule must be published in the Indiana Register 28 days prior to preliminary adoption.

It must notify the Rules Oversight Committee if the rule is projected to make a greater than $500,000 impact.

Publication in the Indiana Register and notice of public hearing in a general newspaper.

It cannot be substantially different, unless the changes are a logical outgrowth of public comments.

He may disapprove only for cause if the rule does not comply the with rule promulgation process, it differs substantially from the preliminary rule and is not a logical outgrowth or violates the law. He must notify the governor and agency head if it will constitute a taking. If he does not take action in 45 days it will be deemed approved.

Governor may approve or disapprove for cause. He has 15 days to take action and can get another 15 days after notifying the Secretary of State. If the Governor does not take action within the review period, the rule will be deemed approved.

He must review the rule for proper form within 3 days.

An agency may recall a rule before filing.

1 Year

De novo.

Indiana Administrative Orders and Procedures Act

Impartiality.

(1) Parties to the proceedings, (2) Interested in the outcome, (3) Presided at a previous stage of the proceedings, (4) Prohibited from assisting the ALJ

ALJ must place communications on the record and advise all parties of this.

No rules of evidence, but order cannot be based only on inadmissible hearsay.

(1) Standing, (2) Exhaustion of Administrative Remedies, (3) Timeliness

Generally confined to agency record. Additional evidence may be admitted (1) if it is necessary for reviewing the action, (2) not previously discoverable with due diligence, and (3) relevant to the charge of improper decisionmaking body constitution or grounds for individual disqualification or unlawfulness of procedures or decisionmaking process.

Generally confined to legal claims brought during the administrative proceedings. Legal issues not brought in administrative proceedings are waived unless there was insufficient notice or the interests of justice require it.

(1) Refusal of the agency to dispose with administrative claims, (2) Futility of exhaustion, and (3) Purely constitutional issues raised

A person must object to an order or petition for judicial review within 30 days of notice of the agency action.

(1) Arbitrary, Capricious, or an Abuse of Discretion, (2) Contrary to Constitutional Right, (3) In Excess of Statutory Jurisdiction, (4) Without Observance of Proper Procedures, (5) Unsupported By Substantial Evidence

Open Door Law and the Access to Public Records Act

To provide access to agency meetings.

All bodies exercising executive, administrative, or legislative power.

That meetings of governing bodies of public agencies must be open.

A gathering of a majority of the governing body of an agency for the purpose of taking official state action.

(1) Caucuses, (2) On-Site Inspections, (3) Betterment Meetings, (4) Social Gatherings, and (5) Executive Sessions

(1) Final action must be public, (2) Must be no intent to circumvent the ODL, (3) 48 hours notice citing specific statutory reason, and (4) Specific statutory reason

(1) Comply with notice requirements, (2) Maintaining an agenda, memoranda, and minutes

(1) Public notice of date, time, and place of meeting must be given 48 hours before, excluding weekends and holidays, (2) Notice must be posted and principal office and sent to media that requested it.

Declaratory judgments, injunctions, or declaring actions void.

No individualized standing.

It is discretionary if they prevail.

If they prevail AND the action is frivolous or vengeful.

Full and complete access to government information.

Any body exercising any executive, legislative, or judicial power.

There is a right to inspect and copy public records.

Any material created received, retained, maintained, or filed by a public agency.

A person must identify the record with reasonable particularity AND at the agency's discretion, place the request in writing or on a form provided.

There are discretionary if the plaintiff substantially prevails.

If the defendant substantially prevails AND the action was frivolous or vengeful.

Petitions for review must (1) be in writing, (2) state facts demonstrating that the petitioner has standing, (3) generally be filed with the ultimate authority within 15 days, and (4) Seek stay of action from ALJ at preliminary hearing

File a Petition for Rehearing.

After a final order if the petitioner demonstrates that he is not in default, that newly discovered material evidence exists, ad the evidence could not, by due diligence, have been discovered and produced at the hearing.

30 days.

Findings of fact.

90 Days.

Government.

In the county where the denial occurred.

Seek and receive an opinion on the issue from the public access counselor, unless the plaintiff can show that filing the action was necessary to prevent a violation of the Open Door Law or present the record to an agency preparing to act.

(1) Administrative Review Will Be IAW IAOPA, (2) Notice Should Specify Time Limits and Procedures, (3) File Petition, (4) Petition Must Be Filed With Ultimate Authority Within 15 Days, (5) Agency Will Grant Petition and Appoint ALJ, (6) ALJ Will Provide 5 Day Notice of Hearings, (7) ALJ Will Conduct Hearings, (9) ALJ Must Issue Order Within 90 Days, (10) If ALJ Not Ultimate Authority, Ultimate Authority Must Approve, Remand, or Modify

Provide notice to each person to whom the order is directed.

Person has 15 days to file a petition for review with the ultimate authority. If this is not done, the order becomes effective.

Assigns and ALJ.

State agencies unless statutes say otherwise. Does not apply to legislative or judicial branches, or political subdivisions.

30 days from when they learned of violation.

(1) Standing, (2) Exhaust Remedies, (3) Petition Within 30 Days of Final Decision, (4) File Certified Copy of Agency Record with Court Within 30 Days