312 IAC 2-3-6 - Conduct of a public hearing by a hearing officer; informal recommendations to the director or director's designee for an agency action
Authority: IC 14-11-4-9
Affected: IC 4-21.5-3-5; IC 5-14-3-2; IC 14-11-3-1
Sec. 6.
(a) A public
hearing under this section shall be conducted by a hearing officer appointed by
the director or appointed by the director's designee under IC 14-11-3-1(c). The
hearing officer shall be the director, the deputy director for the bureau in
which the statute is administered, or an employee of the division that is
primarily responsible for the administration of the statute.
(b) The hearing officer shall announce at the
opening and closing of the public hearing that a person is entitled to
notification of an agency action on the license application (or other action at
issue) if the person provides a written request for notification that does the
following:
(1) Describes the subject of the
order with reasonable particularity.
(2) Is delivered to the address of the
department at least seven (7) days before the day that notice is given under IC
4-21.5-3-5. The address specified by the hearing officer under this subdivision
shall be the address of either of the following:
(A) The director.
(B) The person who has been delegated
authority by the director to act upon the license or other agency
action.
(c) The
hearing officer shall conduct the public hearing under this section in a manner
that is best suited to the solicitation of comments from the hearing
participants. The public hearing is a nonevidentiary hearing, and neither the
rules of evidence nor IC 4-21.5 apply.
(d) A hearing officer shall maintain a record
of any portion of the public hearing to assist in providing written
recommendations to the director or the director's delegate. Any other person
may cause an audio or video recording to be made of the public hearing. The
contents of any recording may be offered into evidence at a subsequent
proceeding under IC 4-21.5 and this article, subject to objections that may
apply to electronic recordings generally. The contents of a recording do not,
however, limit the scope of administrative review under IC 4-21.5 and this
article.
(e) Following the public
hearing, the hearing officer shall make written recommendations to the director
(or the director's designee) for an agency action. The director (or the
director's designee) shall consider these recommendations. In taking an agency
action, the director (or the director's designee) is not limited to facts and
information received by the hearing officer under this rule.
(f) The written recommendations under
subsection (e) do not constitute an agency action under IC 4-21.5. A person who
disagrees with those recommendations is not required to file objections in
order to obtain administrative review of any resulting agency action.
(g) The hearing officer shall not conduct a
proceeding under IC 4-21.5 and
312 IAC 3-1 to
provide administrative review of an agency action that results from a public
hearing under this rule.
(h) The
documentation received under this section, and any recording of the public
hearing made by the department, is a public record under IC
5-14-3-2.
Notes
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