The attorneys with Chelle Law can provide quality assistance with Indiana Administrative Appeals and Hearings. The Indiana Professional Licensing Agency (“Boards“) issues licenses, registrations and certificates to professionals in Indiana. These Boards receive complaints and then act to determine if there has been a violation of the law. The Board will decide whether to issue any disciplinary action when required. Even when a decision is made, the professional can appeal the decision and a hearing will be held. Currently each Board has it’s own administrative law judge(s) that review administrative appeals and conduct hearings. However, starting in July of 2020 all administrative law judges will be hired out to Indiana licensing boards and agencies via the State Personnel Department. The administrative appeal process for most Indiana agencies and boards is governed by the Administrative Orders and Procedures Act (“AOPA“).
The Indiana Office of Administrative Law Proceedings (beginning in July of 2020) handles administrative appeals and hearings for many other state agencies (“Agency”) such as:
- Indiana Department of Homeland Security
- Family and Social Services Administration (FSSA)
- Indiana State Department of Health (ISDH)
- Indiana Real Estate Commission
- Indiana Department of Insurance
Board Disciplinary Actions
When a complaint has been investigated and it is determined that disciplinary action is necessary, the Board or Agency will move forward to implement the disciplinary action. This could include a letter of reprimand, probation, decree of censure, denial, civil penalties, suspension or revocation.
An Agency may also make a decision that negatively effects the rights of the person. For example: a denial of insurance benefits, a substantiated claim of child or abuse abuse, the removal of a health care facility license. When a negative decision is determined the individual or facility has appeal rights.
Requesting an Appeal
When a Board or Agency has decided to offer formal discipline as a result of their investigation of the complaint, the individual has the right to appeal the final decision. The subject of the complaint can either consent to the discipline by signing an agreement, or can request a hearing to appeal the decision.
An Administrative Hearing due to an Appeal
In most cases an administrative hearing is conducted by an Administrative Law Judge (ALJ) presiding. The hearing is not as formal as a trial, but it is similar. Each party will present evidence using documents or sworn testimony. Each party also gives an opening statement and a closing argument which should explain why the judge should rule one way or the other. The Respondent can cross examine witnesses and testify on her own behalf.
Once the hearing is done, the ALJ will review the transcripts, evidence and make a decision as to what the right action will be. A recommendation is put forth to the Board or Agency. However, the Board or Agency generally makes the decision to either accept, reject or modify the ALJ’s decision. Furthermore, if an error is made the person can request a rehearing.
Individuals that will likely appeal a decision should not discuss their case with friends, co-workers or anyone that could end up testifying to harmful information that could damage your case. At the hearing these people could be called as witnesses. Every question or statement made should only be made to your attorney.
If you have questions about your Indiana Administrative Appeals and Hearings procedures and would like to learn more about the services we offer contact Chelle Law today.