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: Feb 29, 2024
BILL NUMBER: HB 1003 BILL AMENDED: Feb 29, 2024
SUBJECT: Administrative Law.
FIRST AUTHOR: Rep. Steuerwald BILL STATUS: CR Adopted - 2
nd
House
FIRST SPONSOR: Sen. Carrasco
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 provides that the bill applises to certain proceedings filed after June 30, 2024. It specifies when a
state agency may be required to pay reasonable attorney's fees for judicial review proceedings. The bill
outlines procedures for the ultimate authority regarding nonfinal orders and procedures to file objections to
final orders. The bill permits a final order to be corrected by means of a motion to correct error. The bill also
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 provides that the court shall decide all questions of fact based on the record
independent of any previous factual finding made by the agency. The bill establishes a standard for a court
to grant relief on a petition filed by a nonapplicant as a third party to challenge certain agency actions. It
requires the state agency to transmit the agency record to the court for judicial review.
The bill also eliminates the Office of Environmental Adjudication (OEA) and transfers proceedings to the
OALP. It creates requirements for administrative law judges that are assigned to certain environmental
matters. The bill provides that until the OALP adopts or amends rules related to environmental matters, it
must continue to follow and implement rules under 315 IAC. It requires the OALP 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 OEA.
It makes conforming changes.
Effective Date: (Amended) July 1, 2024; July 1, 2025.
HB 1003 1 Explanation of State Expenditures: 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 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.)
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