52 IAC 5-5-3

52 IAC 5-5-3 Conduct of hearing

Last amended: 2026Year: 2027Length: 184 wordsOfficial source

Cite as Ind. Admin. Code tit. 52, r. 5-5-3

Sec. 3. (a) At the discretion of the board, hearings may be conducted by: (1) an administrative law judge; (2) a member of the board acting as an administrative law judge; or (3) the board sitting in its entirety. (b) The administrative law judge may make a preliminary ruling on a nonfinal issue without the approval of a majority of the board. (c) All testimony must be under oath or affirmation. (d) While administrative hearings are informal by nature, the administrative law judge shall conduct a hearing in accordance with accepted courtroom conventions, including direct examination, cross-examination, and objections that are necessary for a civil and orderly proceeding. (e) When deemed appropriate by the administrative law judge, the judge may impose conditions on a party necessary to avoid unreasonably burdensome or repetitious presentations by the party, such as the following: (1) Limiting the party's use of discovery, cross-examination, and other procedures to promote the orderly, prompt, and just conduct of the proceeding. (2) Requiring at least two (2) parties to combine their presentations of evidence, argument, cross-examination, discovery, or other participation in the proceedings.
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