IN Administrative law

Question 1

IN Administrative

Rulemaking

Answer 1

• Agency authority must come from statutory grant; rules have effect of law
• Rules must contain ascertainable standards
• Must begin in 60 days after statute or give notice
• Must publish notice of intent to adopt a rule, minimum 30 days before adoption
• Preliminary adopt, publish in IN register and publishing notice of intent to hold hearing in paper, must give minimum 21 days notice before hearing
• Must respond to comments
• Final version cannot substantially differ unless changes are logical outgrowth of the comments.

Question 2

IN Administrative

IN Administrative Orders and Procedures Act (AOPA)

Answer 2

• Applies to state agency unless statute excludes
• legislative and judicial branches not covered.
• Does not apply to political subdivisions, counties, towns,

Question 3

IN Administrative

Admin. Hearings

Answer 3

• Evidence - shall conduct w/o recourse to the technical rules of evidence
• Shall exclude evidence that is irrelevant, immaterial, unduly repetitious or excludable on constitutional or statutory or privilege grounds
• ALJ may not base a decision solely upon hearsay

Question 4

IN Administrative
Admin. Hearings
Judicial Review
Grounds for challenge

Answer 4

• Must demonstrate prejudice by on action on grounds of:
  1. Action is arbitrary, capricious, abuse of discretion, or otherwise not in accordance with the law
  2. Agency action is contrary to constitutional right, power privilege or immunity
  3. agency is in excess of statutory jur., authority, limitations or short of statutory right
  4. agency acted w/o observance of legal procedure
  5. Agency action is unsupported by substantial evidence

Question 5

IN Administrative
Admin. Hearings
Judicial Review
Scope

Answer 5

• May review for:
  a. jurisdiction
  b. compliance with proper legal procedure
  c. compliance with substantive law
  d. review that basis for action is substantial evidence

Question 6

IN Administrative
Admin. Hearings
Judicial Review
Standing

Answer 6

1. A person must be adversely affected by a decision, “person aggrieved”
2. Must exhaust all administrative remedies
3. Must object and file timely petition
   - Within 30 days after final order
   - Order must be final, all admin review exhausted.

Question 7

IN Administrative
Admin. Hearings
Procedural due process

Answer 7

• Requires notice, opportunity to be heard, to confront witnesses, to present evidence.
• Notice must give the reasons for the proposed action to allow the party to adequately respond