Authority: IC 4-31-3-9

Affected: IC 4-31-13

Sec. 7. (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. (1) authorize the taking of depositions;
2. (2) issue subpoenas to compel the attendance of witnesses and the production of papers and documents;
3. (3) administer oaths;
4. (4) receive evidence;
5. (5) rule on the admissibility of evidence and amendments to pleadings;
6. (6) examine witnesses;
7. (7) set reasonable times within which a party may present evidence and within which a witness may testify;
8. (8) permit and limit oral argument;
9. (9) issue interim orders;
10. (10) recess a hearing from day to day and place to place;
11. (11) request briefs before or after the administrative law judge files a report or proposal for decision;
12. (12) propose findings of fact and conclusions of law;
13. (13) propose orders and decisions; and
14. (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; readopted filed Oct 7, 2020, 2:27 p.m.: 20201104-IR- 071200406RFA; readopted filed Sep 18, 2024, 12:40 p.m.: 20241016-IR-071230796RFA)