H.E.A. 1003, P.L. 128
Effective: July 1, 2024
- Makes the office of administrative law proceedings the ultimate authority in any administrative proceeding under its jurisdiction.
- Provides that the bill applies to certain proceedings filed after June 30, 2024.
- Specifies when a state agency may be required to pay reasonable attorney’s fees for judicial review proceedings.
- Outlines procedures for the ultimate authority regarding nonfinal orders and procedures to file objections to final orders.
- Permits a final order to be corrected by means of a motion to correct error. Provides that the court shall decide all questions of law, including any interpretation of a federal or state constitutional provision, state statute, or agency rule, without deference to any previous interpretation made by the state agency.
- Provides that a court is not bound by a finding of fact made by the ultimate authority if the finding of fact is not supported by the record.
- Requires the state agency to transmit the agency record to the court for judicial review. Read the bill at: https://iga.in.gov/legislative/2024/bills/house/1003