LEGISLATIVE SERVICES AGENCY
OFFICE OF FISCAL AND MANAGEMENT ANALYSIS
200 W. Washington St., Suite 301
Indianapolis, IN 46204
(317) 233-0696
iga.in.gov
FISCAL IMPACT STATEMENT
LS 6926 NOTE PREPARED: Jan 19, 2024
BILL NUMBER: HB 1003 BILL AMENDED: Jan 18, 2024
SUBJECT: Administrative Law.
FIRST AUTHOR: Rep. Steuerwald BILL STATUS: CR Adopted - 1
st
House
FIRST SPONSOR:
FUNDS AFFECTED:XGENERAL IMPACT: State
XDEDICATED
FEDERAL
Summary of Legislation: (Amended) The bill makes the Office of Administrative Law Proceedings (OALP)
the ultimate authority in any administrative proceeding under its jurisdiction. It provides certain exceptions.
The bill specifies when a state agency may be required to pay reasonable attorney's fees for judicial review
proceedings. It outlines procedures for the ultimate authority regarding nonfinal orders and procedures to file
objections to final orders. The bill 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. It requires the state agency to transmit the agency
record to the court for judicial review.
The bill eliminates the Office of Environmental Adjudication (OEA) and transfers proceedings to the Office
of Administrative Law Proceedings. It creates requirements for administrative law judges that are assigned
to certain environmental matters. The bill also 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. It 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. It makes conforming changes.
Effective Date: July 1, 2024.
Explanation of State Expenditures: (Revised) Office of Administrative Law Proceedings (OALP): The bill
could reduce workload for the OALP by streamlining the process. Under the bill, the OALP becomes the
ultimate authority in more proceedings which would cause more of their non-final orders to become final
orders. The OALP would also not have the agencies remanding the cases back to them for additional
HB 1003 1 proceedings. The bill also requires the OALP or ultimate authority to send the record to the court, when
either party has petitioned for judicial review (currently only required of the agency upon request by the
petitioner or when the agency is the petitioner.)
(Revised) Agencies: The bill could reduce workload for agencies since the OALP will become the ultimate
authority in some instances which would reduce the need to affirm, modify, or dissolve the order under
current cases where the agency is the ultimate authority.
The bill states when agencies may be required to pay reasonable attorney’s fees under the bill’s specifications
which could increase state expenditures. Depending on the agency, the funds to pay the reasonable attorney
fees would either be the state General Fund or dedicated agency funds.
The bill also requires agencies to include additional information on orders informing parties of the
procedures and time limits for seeking judicial review. This requirement is within agencies’ routine
administrative functions and should be able to be implemented with no additional appropriations, assuming
near customary agency staffing and resource levels.
Office of Environmental Adjudication (OEA): The bill eliminates the OEA and its employees and transfers
proceedings to the OALP. Currently, the OEA has three employees with salary and benefits totaling about
$257,000. The OEA is funded through the General Fund and funds could be reverted or reallocated.
Explanation of State Revenues:
Explanation of Local Expenditures:
Explanation of Local Revenues:
State Agencies Affected: Office of Administrative Law Proceeding; agencies under OALP jurisdiction.
Local Agencies Affected:
Information Sources: State Staffing Table, December 2023.
https://www.in.gov/oalp/oalp-resources/general-information-about-the-administrative-hearings-process/
https://www.in.gov/oalp/oalp-resources/oalp-jurisdiction/
Fiscal Analyst: Jasmine Noel, 317-234-1360; Heather Puletz, 317-234-9484.
HB 1003 2