Section 71IAC10-3-7. Administrative law judges  


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  •    (a) One (1) or more members of the commission acting as the administrative law judge or an administrative law judge may serve as the administrative law judge for a commission proceeding.

      (b) The administrative law judge may:

    (1) authorize the taking of depositions;

    (2) issue subpoenas to compel the attendance of witnesses and the production of papers and documents;

    (3) administer oaths;

    (4) receive evidence;

    (5) rule on the admissibility of evidence and amendments to pleadings;

    (6) examine witnesses;

    (7) set reasonable times within which a party may present evidence and within which a witness may testify;

    (8) permit and limit oral argument;

    (9) issue interim orders;

    (10) recess a hearing from day to day and place to place;

    (11) request briefs before or after the administrative law judge files a report or proposal for decision;

    (12) propose findings of fact and conclusions of law;

    (13) propose orders and decisions; and

    (14) perform other duties necessary to a fair and proper hearing.

      (c) A person serving as the administrative law judge of a proceeding must be a disinterested party to the proceeding. (Indiana Horse Racing Commission; 71 IAC 10-3-7; emergency rule filed Feb 10, 1994, 9:20 a.m.: 17 IR 1203; readopted filed Oct 30, 2001, 11:50 a.m.: 25 IR 899; readopted filed Mar 23, 2007, 11:31 a.m.: 20070404-IR-071070030RFA; filed Nov 10, 2014, 2:07 p.m.: 20141210-IR-071140230FRA)