Authority: IC 12-15-1-10

Affected: IC 12-15-28

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. (1) consulting any party or party's agent on any fact in issue unless upon notice and opportunity for all parties to participate;
2. (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. (3) being influenced by partisan interests, public clamor, or fear of criticism;
4. (4) conveying or permitting others to convey the impression that they are in a special position to influence the ALJ;
5. (5) commenting publicly, except as to hearing schedules or procedures, about pending or impending proceedings; or

6. (6) engaging in financial or business dealings that tend to:

   1. (A) reflect adversely on his or her impartiality;
   2. (B) interfere with the proper performance of his or her duties;
   3. (C) exploit the ALJ's position; or
   4. (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. (1) administer oaths and affirmations;
2. (2) issue subpoenas;
3. (3) rule upon offers of proof;
4. (4) receive relevant evidence;
5. (5) facilitate discovery in accordance with the Indiana rules of trial procedure;
6. (6) regulate the course of the hearing and conduct of the parties;
7. (7) hold informal conferences for the settlement or simplification of the issues under appeal;
8. (8) dispose of procedural motions and similar matters; and
9. (9) exercise such other powers as may be given by the law relating to the Medicaid program.

(Office of the Secretary of Family and Social Services; 405 IAC 1.1-1-4; filed Jul 18, 1996, 3:00 p.m.: 19 IR 3378; readopted filed Jun 27, 2001, 9:40 a.m.: 24 IR 3822; readopted filed Sep 19, 2007, 12:16 p.m.: 20071010-IR-405070311RFA; readopted filed Oct 28, 2013, 3:18 p.m.: 20131127-IR-405130241RFA; readopted filed Nov 13, 2019, 11:54 a.m.: 20191211-IR-405190487RFA; readopted filed Oct 8, 2025, 3:16 p.m.: 20251105-IR-405240502RFA)