41 IAC 2 — ARTICLE 2. PROCEDURES FOR ADJUDICATION OF ADMINISTRATIVE CASES

TITLE 41 OFFICE OF ADMINISTRATIVE LAW PROCEEDINGS

ARTICLE 2. PROCEDURES FOR ADJUDICATION OF ADMINISTRATIVE CASES

Rule 1

41 IAC 2-1-1 41 IAC 2-1-1 Applicability

Rule 1. General Provisions

41 IAC 2-1-1 Applicability

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-15-10.5; IC 4-21.5

Sec. 1. (a) The procedural requirements established by this article apply to all proceedings for which the office has jurisdiction under IC 4-15-10.5.

(b) The rules under this article supplement the administrative orders and procedures act (AOPA) under IC 4-21.5, and to the extent that there is a conflict between these rules and AOPA, AOPA supersedes these regulations.

(Office of Administrative Law Proceedings; 41 IAC 2-1-1; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-1-2 41 IAC 2-1-2 Definitions and time computation

41 IAC 2-1-2 Definitions and time computation

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-15-10.5-7; IC 4-21.5-1; IC 4-21.5-3-2; IC 4-21.5-3-8; IC 12-8-1.5-1; IC 13-13-1-1; IC 14-10-1

Sec. 2. (a) The definitions in 41 IAC 1-1-3 and IC 4-21.5-1 apply to this article.

(b) The definitions in this section apply throughout this title:

(1) "Artificial intelligence" or "AI" refers to generative AI, which is technology that uses machine learning or deep learning models to create new or original content, such as text, images, and video. Examples of generative AI applications include, but are not limited to:

(A) ChatGPT;

(B) DALL-E; and

(C) Gemini.

(2) "Complaint" refers to a complaint filed under IC 4-21.5-3-8.

(3) "Corporation" includes the following:

(A) Domestic or foreign corporation.

(B) Not-for-profit corporation.

(C) Limited liability company.

(4) "Day" refers to a calendar day, unless otherwise specified.

(5) "FSSA" refers to the family and social services administration established under IC 12-8-1.5-1.

(6) "IDEM" refers to the Indiana department of environmental management established under IC 13-13-1-1.

(7) "Natural resources commission" refers to the commission established under IC 14-10-1.

(8) "Office" refers to the office of administrative law proceedings established under IC 4-15-10.5-7.

(c) Deadlines in this article are calculated using IC 4-21.5-3-2.

(Office of Administrative Law Proceedings; 41 IAC 2-1-2; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

Rule 2

41 IAC 2-2-1 41 IAC 2-2-1 Initiation of a proceeding for administrative review

Rule 2. Rules of Practice

41 IAC 2-2-1 Initiation of a proceeding for administrative review

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5-3; IC 9-32; IC 13-14-8-11; IC 13-15; IC 13-20-13-5.5; IC 13-20-14-5.6; IC 13-23-9-4; IC 13-30-3-5

Sec. 1. (a) A proceeding before the office is initiated when a petition for administrative review or complaint, which may include a request for a stay, is filed with the office.

(b) In addition to any applicable requirements of IC 4-21.5-3 or other law, the petition or complaint should contain the following information:

(1) The:

(A) name;

(B) mailing address;

(C) telephone number; and

(D) email address;

of each person seeking administrative review.

(2) A copy of the agency action for which the filing party is seeking administrative review, if applicable.

(3) A statement identifying the filing party's attorney or other representative, if applicable.

(4) For the administrative review of an agency action from IDEM, the petition or complaint must state with particularity the legal issues proposed for consideration in the proceedings as follows:

(A) In a case involving an appeal of a permit, identify the following:

(i) Environmental concerns or technical deficiencies related to the agency action that is the subject of the petition.

(ii) Permit terms and conditions that the petitioner contends would be appropriate to comply with the law applicable to the contested permit.

(B) In a case involving any other appeal of an agency action, identify those:

(i) facts;

(ii) terms; or

(iii) conditions;

for which the petitioner requests review.

(c) The presiding administrative law judge (ALJ) may, on their own motion or by motion of a party, provide a party with notice that a petition or complaint is incomplete and order a party to supplement the petition or complaint to comply with the requirements of this section.

(d) A petition or complaint, except for cases from FSSA, may be amended as a matter of course at any time within fifteen (15) days after the earlier of the following dates:

(1) The initial prehearing conference.

(2) The filing of a motion to dismiss.

(3) Service of a notice of incomplete petition or complaint and order to supplement.

Otherwise, a party may amend the petition or complaint only by permission of the presiding ALJ.

(e) If the claim or defense asserted in the amended pleading arose out of the conduct, transaction, or occurrence set forth or attempted to be set forth in the original pleading, the amendment relates back to the date of the original pleading.

(f) Copies of the petition or complaint shall be sent to all other parties to the case.

(g) Changes in a party's name, mailing address, email address, or telephone number occurring during a proceeding must be communicated promptly in writing to the office and all parties to the proceeding. Service of orders or correspondence from the office shall be made to the last known mailing or email address on file.

(Office of Administrative Law Proceedings; 41 IAC 2-2-1; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-2 41 IAC 2-2-2 Representatives and attorneys; eligibility to practice

41 IAC 2-2-2 Representatives and attorneys; eligibility to practice

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5; IC 30-5-2-2

Sec. 2. (a) All attorneys who appear in a representative capacity on behalf of a party must file written notice of appearance setting forth the following:

(1) The:

(A) name;

(B) mailing address;

(C) telephone number; and

(D) email address listed for service in the Indiana Roll of Attorneys;

of the attorney.

(2) The name and address of the party they represent.

(3) The attorney's Indiana attorney number or proof of a temporary Indiana license.

(b) A representative of a party who is not an attorney must file written notice of the representation. Nothing in this subsection relieves a person from compliance with Rule 5.5 of the Indiana Rules of Professional Conduct. The written notice must include the following:

(1) The mail and email address of the representative.

(2) The name and address of the party they represent.

(3) The written consent of each party whom the representative purports to represent.

If a party is incapacitated, the representative must file documents demonstrating their legal authority to act on behalf of the incapacitated party.

(c) An attorney may withdraw their appearance only by obtaining permission from the administrative law judge by filing a written motion with the office and showing the notification to their client.

(d) A party that is a corporation may participate in a proceeding by an individual who is duly authorized by corporate resolution, operating agreement, or other action taken in accordance with the governing rules of the corporation to provide representation for the corporation. The person representing the corporation must file an attorney appearance or notice of representation as outlined in subsections (a) and (b).

(e) A party that is a trust, partnership, association, sole proprietorship, or other unincorporated entity may participate in a proceeding by the trustee, partners, members, or other principals. Any trustee, partner, member, or principal participating in the case must file an attorney appearance or notice of representation as outlined in subsections (a) and (b).

(f) A party that is an incompetent individual may be represented by the party's:

(1) next friend;

(2) court-appointed representative;

(3) attorney in fact, as defined at IC 30-5-2-2; or

(4) other fiduciary;

that possesses legal authority. That person must file an attorney appearance or notice of representation as outlined in subsections (a) and (b).

(Office of Administrative Law Proceedings; 41 IAC 2-2-2; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-3 41 IAC 2-2-3 Stay requests for IDEM matters

41 IAC 2-2-3 Stay requests for IDEM matters

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5; IC 13-15-6-3; IC 13-30-3-5

Sec. 3. (a) The party requesting a stay of effectiveness of an IDEM administrative action has the burden of demonstrating, by a preponderance of the evidence, the following:

(1) The person will suffer irreparable harm pending the resolution of the case on the merits because its remedies at law are inadequate.

(2) The person is likely to prevail on the merits.

(3) The threatened injury to the person requesting the stay outweighs the threatened harm that the grant of the stay may inflict on the other party.

(4) The public interest will be served by the grant of the stay.

This section does not apply to automatic stays under IC 13-30-3-5(a).

(b) A temporary emergency stay order may be granted for an IDEM administrative action without a hearing under the following circumstances:

(1) Upon written notice to the other parties or their attorneys only if it clearly appears:

(A) from specific facts shown by affidavit; or

(B) by a verified motion;

that immediate and irreparable injury, loss, or damage will result to the applicant before the other parties can be heard in opposition.

(2) The resulting order includes a brief statement of the facts and laws that justify the office's decision to issue the emergency stay order.

(3) The matter is set for an evidentiary hearing as quickly as practicable.

(4) An order issued under this section expires on the earliest of the following:

(A) The date set in the order.

(B) The date of the evidentiary hearing held under subdivision (3).

(C) The lapse of sixty (60) days.

(c) A stay of effectiveness, including a temporary emergency stay order, may be granted by agreement of the parties.

(Office of Administrative Law Proceedings; 41 IAC 2-2-3; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-4 41 IAC 2-2-4 Prohibition on ex parte communications

41 IAC 2-2-4 Prohibition on ex parte communications

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5-3-11

Sec. 4. (a) The office incorporates by reference IC 4-21.5-3-11, which addresses the prohibition on ex parte communications.

(b) If an ex parte communication, as defined by IC 4-21.5-3-11, is properly placed on the record, notice is provided to the parties under IC 4-21.5-3-11(e) and the substance of the communication is shared with all parties, and the communication may be relied on by the administrative law judge in conducting the administrative proceeding.

(Office of Administrative Law Proceedings; 41 IAC 2-2-4; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-5 41 IAC 2-2-5 Form of pleadings and documents

41 IAC 2-2-5 Form of pleadings and documents

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5; IC 13-17-3-7; IC 13-18-3-4; IC 13-19-3-2

Sec. 5. (a) The pleadings and documents filed with the office after the initiation of the action with OALP should meet these requirements:

(1) The first page of each pleading, letter, or other document filed thereafter must identify the case number assigned by the office and the party names.

(2) Pleadings and attachments may be submitted electronically in a format compatible to the office.

(b) A brief, excluding attachments, filed in support of any motion may not exceed thirty (30) pages in length unless the presiding administrative law judge has granted leave to file an oversized brief. A motion requesting leave to file an oversized brief shall be filed at least seven (7) days before the brief is due.

(c) If a party, or their representative or counsel, uses generative artificial intelligence in the creation of a filing submitted to the office, including, but not limited to, motions, briefs, and exhibits, the party must submit a verified written statement briefly explaining:

(1) what portions of the filing were created with artificial intelligence;

(2) how artificial intelligence was used to create the portions of the filing; and

(3) that all information and legal citations were reviewed by the person filing the document and are true and accurate to the best of their knowledge.

(Office of Administrative Law Proceedings; 41 IAC 2-2-5; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-6 41 IAC 2-2-6 Answers and affirmative defenses

41 IAC 2-2-6 Answers and affirmative defenses

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5

Sec. 6. (a) The matters contained in a petition for administrative review or complaint are deemed automatically denied by any other party when no responsive pleading is required.

(b) The matters in a petition for administrative review or complaint are deemed automatically admitted by any other party when a responsive pleading is required and the responsive pleading is not timely filed.

(c) A party wishing to assert an affirmative defense, counterclaim, or cross-claim shall do so either in writing or by verbal statement to the presiding administrative law judge (ALJ) at the initial prehearing conference or at such other time specified by the ALJ. A verbal statement asserting an affirmative defense, counterclaim, or cross-claim must be made on the record and the ALJ must issue a notice or order stating the specific affirmative defense, counterclaim, or cross-claim that was raised by the party.

(Office of Administrative Law Proceedings; 41 IAC 2-2-6; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-7 41 IAC 2-2-7 Response deadlines for motions

41 IAC 2-2-7 Response deadlines for motions

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5-4

Sec. 7. (a) An adverse party shall have the following:

(1) Thirty (30) days after service of a motion for summary judgment or motion to dismiss to serve a response and any supporting evidence. The moving party may seek permission from the administrative law judge (ALJ) to file a reply.

(2) Fifteen (15) days after service of any other motion, other than a motion for continuance or extension of time, to serve a response.

(b) The deadlines may be shortened or extended at the discretion of the presiding ALJ and in accordance with any other applicable law.

(c) This section does not apply to proceedings for a temporary or an emergency order under IC 4-21.5-4, an agreed motion filed by all parties, or a motion to dismiss the case filed by the party that initiated the administrative review.

(d) If a motion to withdraw is filed by the party that initiated the administrative review, the ALJ may enter an order of dismissal without waiting for a response from the opposing party, unless there are outstanding issues, such as a counterclaim or cross-claim.

(Office of Administrative Law Proceedings; 41 IAC 2-2-7; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-8 41 IAC 2-2-8 Venue of administrative proceedings

41 IAC 2-2-8 Venue of administrative proceedings

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5

Sec. 8. (a) Whenever practicable, prehearing conferences and evidentiary hearings must be held at a place most convenient to all parties as determined by the administrative law judge, unless otherwise required by law. Hearings may be held:

(1) virtually, with or without video;

(2) telephonically; or

(3) in person.

(b) Failure to timely respond to an order requiring or allowing the parties to suggest a particular format or location for a prehearing conference or hearing may constitute a waiver of venue.

(Office of Administrative Law Proceedings; 41 IAC 2-2-8; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-9 41 IAC 2-2-9 Procedure and evidence

41 IAC 2-2-9 Procedure and evidence

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5; IC 4-33-3-23; IC 23-2.5-11-9; IC 23-19-6-2; IC 31-33-26-9

Sec. 9. (a) Where not inconsistent with IC 4-21.5 or other applicable procedural rules, an administrative law judge (ALJ) may apply the Indiana Rules of Trial Procedure to an administrative proceeding, but Trial Rules 64-71, which provide for provisional and final remedies and special proceedings, cannot be applied.

(b) An ALJ may admit testimony of an expert witness and require a showing of reliability from the witness regarding the witness's qualifications as an expert.

(c) An ALJ may admit a verified written statement of a party or nonparty witness as evidence. If only part of a statement is offered into evidence by a party, an adverse party may require the offering party to introduce any other part, which ought in context to be considered with the part introduced, and any party may introduce any other parts.

(Office of Administrative Law Proceedings; 41 IAC 2-2-9; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-10 41 IAC 2-2-10 Transcript

41 IAC 2-2-10 Transcript

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5-5-13; IC 5-14-3-8

Sec. 10. (a) The administrative law judge shall have the hearing recorded at the office's expense.

(b) The office is not required to prepare a transcript at its own expense unless required to do so by law.

(c) Notwithstanding IC 5-14-3-8, if a party seeks a transcript of a proceeding before the office, other than for judicial review under IC 4-21.5-5-13, the office will provide the party with a copy of the recording, and the party may have a court reporter prepare a transcript at the party's expense.

(d) For transcript requests for judicial review, the office will follow IC 4-21.5-5-13 regarding payment of transcript costs.

(Office of Administrative Law Proceedings; 41 IAC 2-2-10; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)

41 IAC 2-2-11 41 IAC 2-2-11 Consolidated proceedings

41 IAC 2-2-11 Consolidated proceedings

Authority: IC 4-15-10.5-11; IC 4-21.5-3-35

Affected: IC 4-21.5-3-23; IC 14-10-2-2.5

Sec. 11. (a) This section controls the conduct of a proceeding presided over by an administrative law judge (ALJ) that is consolidated with another pending proceeding.

(b) Before acting on a motion for consolidation, an ALJ may:

(1) Consult with any ALJ that presides over a proceeding sought to be consolidated.

(2) Request documents, briefs, or oral arguments from any party in the pending proceedings.

(c) If an ALJ enters an order for consolidation of an IDEM proceeding with a natural resources commission proceeding under IC 14-10-2-2.5(b), the order must establish a panel of ALJs that complies with IC 14-10-2-2.5(c).

(d) The ALJ, or panel of ALJs, may make any orders concerning a consolidated proceeding that are necessary and appropriate, such as ordering a separate hearing of any claim, cross-claim, counterclaim, or third party claim, or of any separate issue or any number of claims, cross-claims, counterclaims, third party claims, or issues.

(e) For convenience and to avoid prejudice, the ALJ, or panel of ALJs, may certify a disposition of fewer than all issues as being ripe for judicial review where:

(1) a dismissal is granted with prejudice;

(2) a summary judgment is granted under IC 4-21.5-3-23; or

(3) a separate hearing is conducted under subsection (d).

(f) On a party's motion, or on a motion of at least one (1) ALJ, a consolidated proceeding may be unconsolidated for convenience or to avoid prejudice. An order to unconsolidate must explain the reason for the unconsolidation.

(Office of Administrative Law Proceedings; 41 IAC 2-2-11; filed Mar 16, 2026, 12:01 p.m.: 20260415-IR-041250378FRA)