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HB 1003 IN
Became Law

Administrative law.

IN · session 2024 · Assembly / House · bill

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Introduced Jan 8, 2024

Latest action (Mar 13, 2024) Signed by the President Pro Tempore

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)

5 coauthors / cosponsors

Action history (25)

  1. Jan 8, 2024 Authored by Representative Steuerwald · lower
  2. Jan 8, 2024 First reading: referred to Committee on Judiciary · lower
  3. Jan 8, 2024 Coauthored by Representatives Jeter, Meltzer, DeLaney · lower
  4. Jan 16, 2024 Representative DeLaney removed as coauthor · lower
  5. Jan 18, 2024 Committee report: amend do pass, adopted · lower
  6. Jan 22, 2024 Second reading: ordered engrossed · lower
  7. Jan 23, 2024 Senate sponsors: Senators Carrasco, Koch, Garten · lower
  8. Jan 23, 2024 Representative Bartels added as coauthor · lower
  9. Jan 24, 2024 Referred to the Senate · lower
  10. Jan 23, 2024 Third reading: passed; Roll Call 27: yeas 85, nays 10 · lower
  11. Feb 5, 2024 First reading: referred to Committee on Judiciary · upper
  12. Feb 29, 2024 Committee report: amend do pass, adopted · upper
  13. Feb 29, 2024 Senator Doriot added as cosponsor · upper
  14. Mar 4, 2024 Second reading: amended, ordered engrossed · upper
  15. Mar 4, 2024 Amendment #1 (Carrasco) prevailed; voice vote · upper
  16. Mar 5, 2024 Senator Rogers added as cosponsor · upper
  17. Mar 5, 2024 Third reading: passed; Roll Call 273: yeas 40, nays 7 · upper
  18. Mar 5, 2024 Returned to the House with amendments · upper
  19. Mar 6, 2024 House concurred in Senate amendments; Roll Call 296: yeas 71, nays 24 · lower
  20. Mar 6, 2024 Motion to concur filed · lower
  21. Mar 12, 2024 Signed by the President of the Senate · upper
  22. Mar 11, 2024 Signed by the Speaker · lower
  23. Mar 13, 2024 Signed by the Governor · executive
  24. Mar 13, 2024 Public Law 128 · lower
  25. Mar 11, 2024 Signed by the President Pro Tempore · upper
Subjects
ADMINISTRATIVE LAW; GenerallyAGENCIES; GenerallyAGENCIES; Office of Administrative Legal ProceedingsCIVIL LAW AND PROCEDURE; Liabilities, Damages, and PenaltiesCOURTS; Generally

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