Review board; appointments; hearings
Sec. 5. (a) The governor shall appoint a review board composed
of three (3) members, not more than two (2) of whom shall be
members of the same political party, with salaries to be fixed by the
governor. The review board shall consist of the chairman and the two
(2) members who shall serve for terms of three (3) years. At least one
(1) member must be admitted to the practice of law in Indiana.
(b) Any claim pending before an administrative law judge, and all
proceedings therein, may be transferred to and determined by the
review board upon its own motion, at any time before the
administrative law judge announces his decision. Any claim pending
before either an administrative law judge or the review board may be
transferred to the board for determination at the direction of the
board. If the review board considers it advisable to procure
additional evidence, it may direct the taking of additional evidence
within a time period it shall fix.
(c) Any proceeding so removed to the review board shall be heard
by a quorum of the review board in accordance with the requirements
of section 3 of this chapter. The review board shall notify the parties
to any claim of its decision, together with its reasons for the decision.
(d) Members of the review board, when acting as administrative
law judges, are subject to section 15 of this chapter.
(e) The review board may on the board's own motion affirm,
modify, set aside, remand, or reverse the findings, conclusions, or
orders of an administrative law judge on the basis of any of the
following:
(1) Evidence previously submitted to the administrative law
judge.
(2) The record of the proceeding after the taking of additional
evidence as directed by the review board.
(3) A procedural error by the administrative law judge.
(Formerly: Acts 1947, c.208, s.1805; Acts 1965, c.190, s.12.) As
amended by P.L.34-1985, SEC.7; P.L.135-1990, SEC.9;
P.L.173-1991, SEC.1.
Last modified: May 27, 2006