CHAPTER 10. HEARINGS AND APPEALS

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 inaccordance with IC 4-21.5. Except for hearings held on the adoptionof rules, an administrative law judge must meet the followingconditions:
        (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 anadministrative law judge if the administrative law judge finds infavor of the state. However, if the administrative law judge finds infavor of the health facility, the state shall pay the costs of appointingthe 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 panelconsisting 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 theexecutive 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 anorder issued by an administrative law judge under this chapter. Thepanel is the ultimate authority under IC 4-21.5.
    (d) The cost of the proceedings, including the fees of the appealspanel, 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 thischapter may be sought by either the facility or the state underIC 4-21.5.
As added by P.L.2-1993, SEC.11.