470 IAC 1-4-4 Conduct and authority of administrative law judge

Sec. 4. (a) An administrative law judge's (ALJ) conduct shall be in a manner that promotes public confidence in the integrity and impartiality of the administrative hearing process. The ALJ who conducts a hearing is prohibited from: (1) consulting any party or party's agent on any fact in issue unless upon notice and opportunity for all parties to participate; (2) performing any of the investigative or prosecutorial functions of the agency in the administrative action heard or to be heard by him or her or in a factually related administrative or judicial action; (3) being influenced by partisan interests, public clamor, or fear of criticism; (4) conveying or permitting others to convey the impression that they are in a special position to influence the ALJ; (5) commenting publicly, except as to hearing schedules or procedures, about pending or impending proceedings; or (6) engaging in financial or business dealings that tend to: (A) reflect adversely on his or her impartiality; (B) interfere with the proper performance of his or her duties; (C) exploit the ALJ's position; or (D) involve the ALJ in frequent financial business dealings with attorneys or other persons who are likely to come before the ALJ. (b) An ALJ shall disqualify himself or herself in a proceeding in which his or her impartiality might reasonably be questioned, or in which the ALJ's personal bias, prejudice, or knowledge of a disputed evidentiary fact might influence the decision. Nothing in this subsection prohibits a person who is an employee of an agency from serving as an ALJ. (c) The ALJ shall be authorized to: (1) administer oaths and affirmations; (2) issue subpoenas; (3) rule upon offers of proof; (4) receive relevant evidence; (5) facilitate discovery in accordance with the Indiana rules of trial procedure; (6) regulate the course of the hearing and conduct of the parties; (7) hold informal conferences for the settlement or simplification of the issues under appeal; (8) dispose of procedural motions and similar matters; and (9) exercise such other powers as may be given by the law relating to the particular program area under appeal.