Section 315 IAC 1-3-1 - Powers and duties of the director, presiding environmental law judge, and office of environmental adjudicationAuthority: IC 4-21.5-7-7
Affected: IC 4-21.5; IC 5-14-3-8; IC 14-10-2-2.5
Sec. 1.
(a) An ELJ shall do the following:(1) Conduct a fair and impartial proceeding.(2) Maintain an accurate and complete record.(3) Adjudicate all issues necessary for resolution of the matter.(b) The ELJ shall have authority to do the following:(1) Conduct administrative hearings under the following: (2) Rule upon the following: (3) Dispose of procedural requests.(4) Issue all necessary orders.(5) Administer oaths and affirmations.(6) Consider affidavits submitted by the parties.(8) Admit: (A) purported scientific evidence; and(B) related opinions; into evidence in accordance with applicable Indiana trial rules on admissibility of testimony by experts.(9) Allocate among the parties appropriate costs under IC 5-14-3-8 for the office's production of documents.(10) Order the prefiling of testimony.(11) Solicit testimony in appropriate cases.(12) Receive documentary or other evidence.(13) For good cause, upon motion or sua sponte, order a party, or an officer or agent thereof, to produce:(C) other nonprivileged evidence; and failing the production thereof without good cause being shown, draw an adverse inference against that party.(14) Admit, limit, or exclude evidence in accordance with IC 4-21.5.(15) Hear and decide questions of facts and law.(16) Issue: (B) subpoenas duces tecum.(17) Require parties to: (A) attend conferences for the settlement or simplification of the issues;(B) expedite the proceedings; or(C) participate in alternative dispute resolution.(18) Where not inconsistent with IC 4-21.5 and this title, the presiding environmental law judge may apply the Indiana Rules of Trial Procedure, except for those trial rules that provide for provisional and final remedies and special proceedings (TR 64 through 71), except as provided in section 2.1(c) of this rule.(19) In addition to the remedies provided in IC 4-21.5-3-24, to impose reasonable and appropriate sanctions under the following: (B) Indiana Trial Rules 26 through 37.(20) Do all other acts and take all measures necessary for the: (A) maintenance of order; and(B) efficient, fair, and impartial adjudication of issues arising; in proceedings governed by this article. (21) Determine whether mediation is an appropriate means of alternative dispute resolution for each type of administrative proceeding in accordance with IC 4-21.5-3.5.(22) Conduct consolidated proceedings under IC 14-10-2-2.5.(c) For failure to attend a prehearing conference, hearing, or other stage of the proceeding, the presiding ELJ may do the following: (1) Strike claims or defenses.(2) Default or dismiss a party under IC 4-21.5-3-24.Office of Environmental Adjudication; 315 IAC 1-3-1; filed Jun 2, 1998, 3:47 p.m.: 21 IR 3733; readopted filed Aug 11, 2004, 12:04 p.m.: 28 IR 323; filed Sep 16, 2005, 1:40 p.m.: 29 IR 469; filed Apr 3, 2009, 2:09 p.m.: 20090429-IR-315080689FRA; readopted filed May 18, 2010, 1:45 p.m.: 20100602-IR-315100174RFA; filed Feb 24, 2011, 2:03 p.m.: 20110323-IR-315100482FRAReadopted filed 4/25/2016, 2:08 p.m.: 20160518-IR-315160051RFAReadopted filed 7/19/2022, 2:01 p.m.: 20220817-IR-315220160RFA