Ind. Code § 25-1-7-7.5
This is the official text of Ind. Code § 25-1-7-7.5, part of Indiana’s Code — part of the compiled statutory law of Indiana, published by the state as "Code." Browse the sections below, each linked to its official government source.
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Board designation of hearing officer; recusal; disqualification; alternate hearing officer
Official statutory text
Sec. 7.5. (a) This section is not subject to IC 4-15-10.5.
(b) The board may designate a member of the board to serve as a hearing officer under section 7(c) of this chapter.
(c) The board may designate a hearing officer before a:
(1) particular; or
(2) general;
class of proceedings commences.
(d) A hearing officer must recuse themself if the hearing officer has bias, prejudice, or knowledge of a disputed evidentiary issue that may influence the hearing officer's decision or an interest in the outcome of a proceeding. The hearing officer must inform the parties of the reason for the recusal.
(e) A party may petition for the disqualification of a hearing officer upon discovering facts establishing grounds for disqualification under this chapter. The hearing officer assigned to the proceeding shall determine whether to grant the petition, stating facts and reasons for the determination.
(f) If the hearing officer denies a disqualification petition under subsection (e), the party petitioning for disqualification may petition the ultimate authority. The ultimate authority shall:
(1) conduct proceedings under IC 4-21.5-3-28; or
(2) request that the director of the office of administrative law proceedings conduct proceedings under IC 4-21.5-3-28;
to review the petition and affirm, modify, or dissolve the ruling not later than thirty (30) days after the petition is filed. A determination by the ultimate authority or the director of the office of administrative law proceedings under this subsection is a final order subject to judicial review under IC 4-21.5-5.
(g) If an alternate hearing officer is necessary because a hearing officer recuses themself or is disqualified, the board must appoint an alternate hearing officer.
As added by P.L.92-2025, SEC.70.
(b) The board may designate a member of the board to serve as a hearing officer under section 7(c) of this chapter.
(c) The board may designate a hearing officer before a:
(1) particular; or
(2) general;
class of proceedings commences.
(d) A hearing officer must recuse themself if the hearing officer has bias, prejudice, or knowledge of a disputed evidentiary issue that may influence the hearing officer's decision or an interest in the outcome of a proceeding. The hearing officer must inform the parties of the reason for the recusal.
(e) A party may petition for the disqualification of a hearing officer upon discovering facts establishing grounds for disqualification under this chapter. The hearing officer assigned to the proceeding shall determine whether to grant the petition, stating facts and reasons for the determination.
(f) If the hearing officer denies a disqualification petition under subsection (e), the party petitioning for disqualification may petition the ultimate authority. The ultimate authority shall:
(1) conduct proceedings under IC 4-21.5-3-28; or
(2) request that the director of the office of administrative law proceedings conduct proceedings under IC 4-21.5-3-28;
to review the petition and affirm, modify, or dissolve the ruling not later than thirty (30) days after the petition is filed. A determination by the ultimate authority or the director of the office of administrative law proceedings under this subsection is a final order subject to judicial review under IC 4-21.5-5.
(g) If an alternate hearing officer is necessary because a hearing officer recuses themself or is disqualified, the board must appoint an alternate hearing officer.
As added by P.L.92-2025, SEC.70.
Status: in_force · Read it on the official government site
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