2016 Indiana Code
TITLE 2. GENERAL ASSEMBLY
ARTICLE 5. LEGISLATIVE AGENCIES AND STUDY COMMITTEES
CHAPTER 40. ADMINISTRATIVE LAW STUDY COMMISSION
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IC 2-5-40
Chapter 40. Administrative Law Study Commission
IC 2-5-40-1
"Commission"
Sec. 1. As used in this chapter, "commission" refers to the
administrative law study commission established by section 2 of this
chapter.
As added by P.L.11-2016, SEC.1.
IC 2-5-40-2
Administrative law study commission established
Sec. 2. The administrative law study commission is established.
As added by P.L.11-2016, SEC.1.
IC 2-5-40-3
Members; chairperson
Sec. 3. (a) The commission is comprised of the following
members:
(1) Two (2) members of the senate appointed by the president
pro tempore of the senate.
(2) Two (2) members of the senate appointed by the minority
leader of the senate.
(3) Two (2) members of the house of representatives appointed
by the speaker of the house of representatives.
(4) Two (2) members of the house of representatives appointed
by the minority leader of the house of representatives.
(5) One (1) attorney in good standing admitted to the practice
of law in Indiana with experience in practicing administrative
law appointed by the president pro tempore of the senate.
(6) One (1) attorney in good standing admitted to the practice
of law in Indiana with experience in practicing administrative
law appointed by the speaker of the house of representatives.
(7) Two (2) current or former administrative law judges
appointed by the governor.
(b) The chairperson of the legislative council shall designate one
(1) legislative member of the commission to serve as the chairperson
of the commission.
As added by P.L.11-2016, SEC.1.
IC 2-5-40-4
Vacancies
Sec. 4. (a) An appointed member of the commission serves at the
pleasure of the authority who appointed the member. If a member
ceases to have the qualifications set forth in this chapter for the
position to which the member was appointed, the member's term ends
and a vacancy is created.
(b) A vacancy on the commission in the position of an appointed
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member shall be filled by the appointment of a new member to the
position by the authority entitled under section 3(a) of this chapter to
make appointments to the position.
As added by P.L.11-2016, SEC.1.
IC 2-5-40-5
Per diem; travel expenses
Sec. 5. (a) Each member of the commission who is not a state
employee is entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). The member is also entitled to reimbursement for
traveling expenses as provided under IC 4-13-1-4 and other expenses
actually incurred in connection with the member's duties as provided
in the state policies and procedures established by the Indiana
department of administration and approved by the budget agency.
(b) Each member of the commission who is a state employee but
who is not a member of the general assembly is entitled to
reimbursement for traveling expenses as provided under IC 4-13-1-4
and other expenses actually incurred in connection with the member's
duties as provided in the state policies and procedures established by
the Indiana department of administration and approved by the budget
agency.
(c) Each member of the commission who is a member of the
general assembly is entitled to receive the same per diem, mileage,
and travel allowances paid to legislative members of interim study
committees. Per diem, mileage, and travel allowances paid under this
section shall be paid from appropriations made to the legislative
council or the legislative services agency.
As added by P.L.11-2016, SEC.1.
IC 2-5-40-6
Voting
Sec. 6. The affirmative votes of a majority of the members
appointed to the commission are required for the commission to take
action on any measure, including approval of a final report.
As added by P.L.11-2016, SEC.1.
IC 2-5-40-7
Study topics; final report
Sec. 7. (a) The commission shall study and evaluate the following:
(1) Whether administrative law judges and environmental law
judges should be replaced by an administrative court that
conducts administrative hearings and other duties currently
conducted by administrative law judges and environmental law
judges.
(2) If an administrative court is established:
(A) the average number of cases the administrative court
would hear in a calendar year;
(B) the process that should be used to select judges for the
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administrative court;
(C) the appropriate number of judges and staff persons that
would be required to serve the administrative court based on
the caseload of the court;
(D) the proper procedures for the operation of the
administrative court;
(E) issues concerning the transition from the use of
administrative law judges and environmental law judges to
the establishment of an administrative court; and
(F) any other issues the commission considers relevant to the
establishment of an administrative court.
(b) The commission shall send a final report concerning the
commission's findings and recommendations to the legislative
council before November 1, 2016. A final report sent under this
subsection to the legislative council must be in an electronic format
under IC 5-14-6.
As added by P.L.11-2016, SEC.1.
IC 2-5-40-8
Expiration of chapter
Sec. 8. This chapter expires January 2, 2017.
As added by P.L.11-2016, SEC.1.
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