Indiana 2025 Regular Session

Indiana House Bill HB1465 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1465
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-19-3-6; IC 12-8-8.5-5; IC 12-17.2-5-28;
7	7	IC 14-10-2-3; IC 14-11-3-2; IC 14-24-1-4; IC 14-34-2-2;
8	8	IC 26-3-7-16.7.
9	9	Synopsis: Office of administrative law proceedings. Makes technical
10	10	corrections and conforming amendments required by HEA 1003-2024
11	11	concerning the office of administrative law proceedings.
12	12	Effective: July 1, 2025.
13	13	Meltzer
14	14	January 21, 2025, read first time and referred to Committee on Judiciary.
15	15	2025 IN 1465—LS 7664/DI 107 Introduced
16	16	First Regular Session of the 124th General Assembly (2025)
17	17	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
18	18	Constitution) is being amended, the text of the existing provision will appear in this style type,
19	19	additions will appear in this style type, and deletions will appear in this style type.
20	20	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
21	21	provision adopted), the text of the new provision will appear in this style type. Also, the
22	22	word NEW will appear in that style type in the introductory clause of each SECTION that adds
23	23	a new provision to the Indiana Code or the Indiana Constitution.
24	24	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
25	25	between statutes enacted by the 2024 Regular Session of the General Assembly.
26	26	HOUSE BILL No. 1465
27	27	A BILL FOR AN ACT to amend the Indiana Code concerning state
28	28	and local administration.
29	29	Be it enacted by the General Assembly of the State of Indiana:
30	30	1 SECTION 1. IC 10-19-3-6, AS ADDED BY P.L.22-2005,
31	31	2 SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
32	32	3 JULY 1, 2025]: Sec. 6. For purposes of IC 4-21.5, the executive
33	33	4 director, or the executive director's designee, office of administrative
34	34	5 law proceedings is the ultimate authority for the department.
35	35	6 SECTION 2. IC 12-8-8.5-5, AS AMENDED BY P.L.35-2016,
36	36	7 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
37	37	8 JULY 1, 2025]: Sec. 5. (a) The secretary is the ultimate authority under
38	38	9 IC 4-21.5 for purposes of the operation of the division and the
39	39	10 programs of the division.
40	40	11 (b) The secretary may delegate an individual to serve as the ultimate
41	41	12 authority.
42	42	13 (c) For matters subject to the jurisdiction of the office of
43	43	14 administrative law proceedings, the office of administrative law
44	44	15 proceedings shall serve as the ultimate authority.
45	45	16 SECTION 3. IC 12-17.2-5-28 IS AMENDED TO READ AS
46	46	17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 28. A final decision of
47	47	2025 IN 1465—LS 7664/DI 107 2
48	48	1 the division office of administrative law proceedings made after a
49	49	2 hearing is subject to judicial review under IC 4-21.5-5.
50	50	3 SECTION 4. IC 14-10-2-3, AS AMENDED BY P.L.84-2008,
51	51	4 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
52	52	5 JULY 1, 2025]: Sec. 3. Except as provided in section 2.5 of this chapter
53	53	6 and IC 14-34-2-2, the commission an administrative law judge from
54	54	7 the office of administrative law proceedings is the ultimate authority
55	55	8 of the department for administrative adjudications under IC 4-21.5.
56	56	9 SECTION 5. IC 14-11-3-2 IS REPEALED [EFFECTIVE JULY 1,
57	57	10 2025]. Sec. 2. Except as provided in IC 14-34-2-2, the commission
58	58	11 shall hold all hearings under IC 4-21.5 and IC 4-22-2.
59	59	12 SECTION 6. IC 14-24-1-4 IS AMENDED TO READ AS
60	60	13 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 4. The commission
61	61	14 office of administrative law proceedings is the ultimate authority (as
62	62	15 defined in IC 4-21.5-1-15) for the department under this article for
63	63	16 administrative adjudications under IC 4-21.5.
64	64	17 SECTION 7. IC 14-34-2-2, AS AMENDED BY P.L.128-2024,
65	65	18 SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
66	66	19 JULY 1, 2025]: Sec. 2. (a) The commission shall appoint the following:
67	67	20 (1) An administrative law judge to conduct proceedings under
68	68	21 IC 4-21.5. An administrative law judge is subject to IC 14-10-2-2.
69	69	22 (2) A hearing officer to conduct proceedings under IC 4-22-2.
70	70	23 (b) An administrative law judge is the ultimate authority for the
71	71	24 department for any administrative review proceeding under this article,
72	72	25 except for the following:
73	73	26 (1) Proceedings concerning the approval or disapproval of a
74	74	27 permit application or permit renewal under IC 14-34-4-13.
75	75	28 (2) Proceedings for suspension or revocation of a permit under
76	76	29 IC 14-34-15-7.
77	77	30 (3) Proceedings consolidated with the office of administrative law
78	78	31 proceedings under IC 14-10-2-2.5.
79	79	32 (c) An order made by an administrative law judge granting or
80	80	33 denying temporary relief from a decision of the director is a final order
81	81	34 of the department.
82	82	35 (a) The office of administrative law proceedings is the ultimate
83	83	36 authority for administrative adjudications under IC 4-21.5.
84	84	37 (d) (b) Judicial review of a final order made by an administrative
85	85	38 law judge under subsection (b) or (c) or under IC 13-4.1-2-1(c) or
86	86	39 IC 13-4.1-2-1(d) (before their repeal) may be taken under IC 4-21.5-5.
87	87	40 SECTION 8. IC 26-3-7-16.7, AS ADDED BY P.L.145-2017,
88	88	41 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
89	89	42 JULY 1, 2025]: Sec. 16.7. (a) A licensee or claimant subject to the
90	90	2025 IN 1465—LS 7664/DI 107 3
91	91	1 director's action may appeal submit a petition for review and request
92	92	2 for administrative adjudication under IC 4-21.5-3 from orders issued
93	93	3 by the director under section 16.5 or 17.1 of this chapter.
94	94	4 (b) A licensee or claimant may request an appeal under IC 4-21.5-3
95	95	5 not more than fifteen (15) days after being served with the director's
96	96	6 findings.
97	97	7 (c) If a licensee or claimant requests an appeal under IC 4-21.5-3,
98	98	8 the director office of administrative law proceedings shall designate
99	99	9 (1) an administrative law judge to preside over the appeal; and
100	100	10 (2) an ultimate authority for purposes of the appeal in accordance
101	101	11 with IC 4-21.5-3. petition for review.
102	102	12 (d) The office of administrative law proceedings is the ultimate
103	103	13 authority for administrative adjudications under IC 4-21.5.
104	104	2025 IN 1465—LS 7664/DI 107