465 IAC 3-3-12 Conduct and authority of administrative law judge

Sec. 12. (a) An ALJ shall conduct a proceeding under this rule in a manner that promotes public confidence in the integrity and impartiality of the administrative process. (b) The provisions of IC 4-21.5-3-11 through IC 4-21.5-3-13, relating to ex parte communications, prohibited acts, disqualification, and involvement in a preadjudicative stage of the matter that is the subject of a hearing, apply to proceedings and hearings under this rule. (c) The assigned ALJ may, when necessary, requested by a party, or otherwise determined to be appropriate, schedule and conduct prehearing conferences or other informal conferences, substantially in accordance with any applicable provisions of IC 4-21.5-3-18 and IC 4-21.5-3-19. (d) The assigned ALJ may conduct proceedings and make rulings or decisions regarding any procedural matter in conducting proceedings under this rule, to the same extent that a trial court judge is authorized to conduct proceedings and make rulings or decisions in a civil action, utilizing any applicable provision of the Indiana Rules of Trial Procedure. In addition, the ALJ may exercise any powers or authority given to an ALJ under a provision of law applicable to the program or matter that is the subject of the hearing.