2013 Indiana Code TITLE 16. HEALTH ARTICLE 28. HEALTH FACILITIES CHAPTER 10. HEARINGS AND APPEALS
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IC 16-28-10
Chapter 10. Hearings and Appeals
IC 16-28-10-1
Hearings; qualifications of administrative law judges; costs
Sec. 1. (a) Hearings under this article shall be conducted in
accordance with IC 4-21.5. Except for hearings held on the adoption
of rules, an administrative law judge must meet the following
conditions:
(1) Be admitted to the practice of law in Indiana.
(2) Not be a member of the council or an employee of the state.
(b) A health facility shall pay the costs of appointing an
administrative law judge if the administrative law judge finds in
favor of the state. However, if the administrative law judge finds in
favor of the health facility, the state shall pay the costs of appointing
the administrative law judge.
As added by P.L.2-1993, SEC.11.
IC 16-28-10-2
Appeals panel; members; proceedings; costs
Sec. 2. (a) The executive board shall appoint an appeals panel
consisting of three (3) members as follows:
(1) One (1) member of the executive board.
(2) One (1) attorney admitted to the practice of law in Indiana.
(3) One (1) individual with qualifications determined by the
executive board.
(b) An employee of the state may not be a member of the panel.
(c) An appeals panel shall conduct proceedings for review of an
order issued by an administrative law judge under this chapter. The
panel is the ultimate authority under IC 4-21.5.
(d) The cost of the proceedings, including the fees of the appeals
panel, shall be paid as follows:
(1) By the health facility if the panel finds in favor of the state.
(2) By the state if the panel finds in favor of the health facility.
As added by P.L.2-1993, SEC.11.
IC 16-28-10-3
Judicial review
Sec. 3. Judicial review of an administrative order issued under this
chapter may be sought by either the facility or the state under
IC 4-21.5.
As added by P.L.2-1993, SEC.11.
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