HB1003 - Administrative law.

9 Co-Sponsors

Administrative law. Makes the office of administrative law proceedings the ultimate authority in any administrative proceeding under its jurisdiction. Provides certain exceptions. Provides that the bill applies to certain proceedings filed after June 30, 2024. Specifies when a state agency may be required to pay reasonable attorney's fees for judicial review proceedings. Outlines procedures for the ultimate authority regarding nonfinal orders and procedures to file objections to final orders. Permits a final order to be corrected by means of a motion to correct error. Provides that the court shall decide all questions of law, including any interpretation of a federal or state constitutional provision, state statute, or agency rule, without deference to any previous interpretation made by the state agency. Provides that a court is not bound by a finding of fact made by the ultimate authority if the finding of fact is not supported by the record. Requires the state agency to transmit the agency record to the court for judicial review. Eliminates the office of environmental adjudication and transfers proceedings to the office of administrative law proceedings. Creates requirements for administrative law judges that are assigned to certain environmental matters. Provides that until the office of administrative law proceedings adopts or amends rules related to environmental matters, it must continue to follow and implement rules under 315 IAC. Requires the office of administrative law proceedings to continue to index and make publicly available, in a substantially similar online searchable format, the final orders of contested appeals currently maintained by the office. Makes conforming changes.