HB 1003 IN Became Law
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Summary
Makes the office of administrative law proceedings the ultimate authority in any administrative proceeding under its jurisdiction. Provides certain exceptions. 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. Eliminates the office of environmental adjudication and transfers proceedings to the office of administrative law proceedings. Creates requirements for administrative law judges that are assigned to certain environmental matters. Provides that until the office of administrative law proceedings adopts or amends rules related to environmental matters, it must continue to follow and implement rules under 315 IAC. Requires the office of administrative law proceedings to continue to index and make publicly available, in a substantially similar online searchable format, the final orders of contested appeals currently maintained by the office. Makes conforming changes.
Sponsors (4)
- Gregory Steuerwald Republican · author
- Cyndi Carrasco Republican · sponsor
- Eric Koch Republican · sponsor
- Chris Garten Republican · sponsor
5 coauthors / cosponsors
- Chris Jeter Republican · coauthor
- Jennifer Meltzer Republican · coauthor
- Steve Bartels Republican · coauthor
- Blake Doriot Republican · cosponsor
- Linda Rogers Republican · cosponsor
Action history (25)
- Jan 8, 2024 Authored by Representative Steuerwald · lower
- Jan 8, 2024 First reading: referred to Committee on Judiciary · lower
- Jan 8, 2024 Coauthored by Representatives Jeter, Meltzer, DeLaney · lower
- Jan 16, 2024 Representative DeLaney removed as coauthor · lower
- Jan 18, 2024 Committee report: amend do pass, adopted · lower
- Jan 22, 2024 Second reading: ordered engrossed · lower
- Jan 23, 2024 Senate sponsors: Senators Carrasco, Koch, Garten · lower
- Jan 23, 2024 Representative Bartels added as coauthor · lower
- Jan 24, 2024 Referred to the Senate · lower
- Jan 23, 2024 Third reading: passed; Roll Call 27: yeas 85, nays 10 · lower
- Feb 5, 2024 First reading: referred to Committee on Judiciary · upper
- Feb 29, 2024 Committee report: amend do pass, adopted · upper
- Feb 29, 2024 Senator Doriot added as cosponsor · upper
- Mar 4, 2024 Second reading: amended, ordered engrossed · upper
- Mar 4, 2024 Amendment #1 (Carrasco) prevailed; voice vote · upper
- Mar 5, 2024 Senator Rogers added as cosponsor · upper
- Mar 5, 2024 Third reading: passed; Roll Call 273: yeas 40, nays 7 · upper
- Mar 5, 2024 Returned to the House with amendments · upper
- Mar 6, 2024 House concurred in Senate amendments; Roll Call 296: yeas 71, nays 24 · lower
- Mar 6, 2024 Motion to concur filed · lower
- Mar 12, 2024 Signed by the President of the Senate · upper
- Mar 11, 2024 Signed by the Speaker · lower
- Mar 13, 2024 Signed by the Governor · executive
- Mar 13, 2024 Public Law 128 · lower
- Mar 11, 2024 Signed by the President Pro Tempore · upper
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